Opinion
Motion No: 2009-03131 Ind. No. 135/08 M30838
12-27-2011
The People, etc., respondent, v. Sneed Wallace, appellant.
, J.P.
RUTH C. BALKIN
LEONARD B. AUSTIN
SANDRA L. SGROI, JJ.
DECISION & ORDER ON MOTION
Appeal by the defendant from a judgment of the County Court, Dutchess County, rendered September 9, 2008. By decision and order on motion of this Court dated June 21, 2011, the appellant, or his attorney, were 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 the appellant has been deported and is no longer available to obey the mandate of this Court (see People v Hutchings, 40 NY2d 836; People v Smith, 115 AD2d 625; People v Davis, 87 AD2d 578).
Upon the Court's own motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is denied (see People v Ventura, 17 NY3d 675).
SKELOS, J.P., BALKIN, AUSTIN and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court