People v. Sevencan

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 [2006]; People v Hutchings, 40 NY2d 836 [1976]; People v Smith, 115 AD2d 625 [1985]; People v Davis, 87 AD2d 578 [1982]). Mastro, J.P, Skelos, Balkin and Roman, JJ., concur.