Opinion
Motion No. 2023-04231 Ind. No. 505/2018
12-20-2023
The People, etc., respondent, v. Marco Martinez, appellant.
Unpublished Opinion
MOTION DECISION
M293125
FRANCESCA E. CONNOLLY, J.P., JOSEPH J. MALTESE, WILLIAM G. FORD, LAURENCE L. LOVE, JJ.
DECISION & ORDER ON MOTION
Appeal, by permission, from an order of the Supreme Court, Orange County, dated April 4, 2023. Motion by National Association of Criminal Defense Lawyers, New York State Defenders Association, Immigrant Defense Project, New York State Office of Indigent Legal Services Regional Immigration Assistance Center 1 Western New York, New York State Office of Indigent Legal Services Regional Immigration Assistance Center 2 Central New York, New York State Office of Indigent Legal Services Regional Immigration Assistance Center 3 Northern New York, New York State Office of Indigent Legal Services Regional Immigration Assistance Center 4 Hudson Valley, New York State Office of Indigent Legal Services Regional Immigration Assistance Center 5 New York City, New York County Defender Services, The Legal Aid Society, and Brooklyn Defender Services for leave to serve and file an amici curiae brief. Motion by the respondent to dismiss the appeal on the ground that the appellant has been deported and is no longer available to obey the mandate of the Court.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motion for leave to serve and file an amici curiae brief is granted, and on or before January 19, 2024, the amici curiae shall serve and file their brief on the parties, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website; and it is further, ORDERED that no oral argument by the amici curiae shall be permitted; and it is further, ORDERED that the parties, if they be so advised, may file reply briefs to the amici curiae brief within 10 days after service upon them of the amici curiae brief; and it is further, ORDERED that the motion by the respondent is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.
CONNOLLY, J.P., MALTESE, FORD and LOVE, JJ., concur.