People v. Sevencan (87 A.D.3d 710, 2011)

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.