| People of State of New York v Cristian Morales |
| Motion No: 2011-02816 NCR |
| Slip Opinion No: 2015 NY Slip Op 82166(U) |
| Decided on August 10, 2015 |
| Appellate Term, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
of the State of New York for the 9th & 10th judicial Districts
ANTHONY MARANO, P.J.
ANGELA G. IANNACCI
BRUCE E. TOLBERT, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Cristian Morales, Appellant. |
Motion by respondent to dismiss an appeal from a judgment of conviction of the District Court of Nassau County, First District, rendered October 13, 2011, on the grounds, among others, that appellant has been deported and is no longer available to obey the mandate of the court (see People v Serrano, 45 Misc 3d 69 [App Term, 2d, 11th & 13th Jud Dists 2014]; cf. People v Ventura, 17 NY3d 675 [2011]), and that appellant has failed to have any contact with appellate counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and the appeal is dismissed without prejudice to appellant moving to reinstate the appeal should he return to this court's jurisdiction.
ENTER:
Paul Kenny
Chief Clerk