| People of State of New York v Alejandro Garcia-ortega |
| Motion No: 2017-00776 RICR |
| Slip Opinion No: 2018 NY Slip Op 91370(U) |
| Decided on December 12, 2018 |
| 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 2nd, 11th & 13th Judicial Districts
MICHAEL L. PESCE, P.J.
THOMAS P. ALIOTTA
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Alejandro Garcia-Ortega, Appellant. |
Motion by Justine M. Luongo, Esq., counsel assigned to represent appellant on an appeal from a judgment of conviction of the Criminal Court of the City of New York, Richmond County, rendered March 22, 2017, to dismiss the appeal on the ground that appellant has been deported and is not available to obey the mandate of the court.
Upon the papers filed in support of the motion and the papers filed in response thereto, it is
ORDERED that the motion is denied without prejudice to assigned counsel moving to be relieved as counsel on a proper ground for that relief (see e.g. People v Wornyonwon, 2016 NY Slip Op 60953[U] [App Div, 2d Dept, 2016]).
The ground asserted by counsel is not a proper ground for the dismissal of the appeal (see People v Harrison, 27 NY3d 281 [2016]; People v Ventura,17 NY3d 675 [2011]).
ENTER:
Paul Kenny
Chief Clerk