The People, etc., respondent, v. Salih Sevencan, appellant. (2011)

Argued—March 4, 2011

DECISION & ORDER

Appeal by the defendant from a resentence of the Supreme Court, Kings County (Guzman, J.), imposed July 2, 2009, as amended July 10, 2009, pursuant to the Drug Law Reform Act of 2004 (L 2004, ch 738), upon his conviction of criminal sale of a controlled substance in the first degree (three counts), upon a jury verdict.   Motion by the People to dismiss the appeal on the ground that the appellant has been deported and is no longer available to obey the mandate of this Court.

Upon the papers submitted in support of the motion and the papers submitted in relation thereto, it is

ORDERED that the motion is granted;  and it is further,

ORDERED that the appeal is dismissed.

Since the appellant has been deported and is no longer available to obey the mandate of this Court, the appeal must be dismissed (see People v. Diaz, 7 NY3d 831;  People v. Hutchings, 40 N.Y.2d 836;  People v. Smith, 115 A.D.2d 625;  People v. Davis, 87 A.D.2d 578).

MASTRO, J.P., SKELOS, BALKIN and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court