Opinion
Motion No: 2011-02816 NCR
08-10-2015
The People of the State of New York, Respondent, v. Cristian Morales, Appellant.
ANGELA G. IANNACCI
BRUCE E. TOLBERT, JJ.
DECISION & ORDER ON MOTION
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