Appellate Division: Second Judicial Department

M135124

E/ct

PETER B. SKELOS, J.P.

MARK C. DILLON

RANDALL T. ENG

LEONARD B. AUSTIN, JJ.

2010-01894 The People, etc., respondent, v Juan Gonzalez, appellant. (Ind. No. 11507/00)

DECISION & ORDER ON MOTION

Motion by counsel assigned to represent the appellant on an appeal from a resentence of the Supreme Court, Queens County, imposed January 13, 2010, in effect, to be relieved, on the ground that the appellant has been deported and is no longer available to obey the mandate of the court. By order to show cause dated April 7, 2011, the appellant was directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that he has been deported and is no longer available to obey the mandate of the court, and assigned counsel's motion was held in abeyance in the interim.

Now, upon the order to show cause and no papers having been filed in response thereto, and upon the papers filed in support of assigned counsel's motion and the papers filed in relation thereto, it is

ORDERED that the motion to dismiss the appeal is denied (see People v Ventura, 17 NY3d 675]).

ORDERED that assigned counsel's motion, in effect, to be relieved is denied.

SKELOS, J.P., DILLON, ENG and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court