| People of State of New York v Juan Parade Dejesus |
| Motion No: 2018-00536 KCR |
| Slip Opinion No: 2019 NY Slip Op 87232(U) |
| Decided on December 31, 2019 |
| 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
MICHELLE WESTON, J.P.
THOMAS P. ALIOTTA
BERNICE D. SIEGAL, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Juan Parade DeJesus, Appellant. |
Motion by Janet E. Sabel, Esq., counsel assigned to represent appellant on an appeal from a judgment of conviction of the Criminal Court of the City of New York, Kings County, rendered February 8, 2018, 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 no papers having been 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 People v Garcia-Ortega, 2018 NY Slip Op 91370[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2018]).
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