Criminal Law · MBE-tested

The People of the State of New York, Respondent, v. Jose Llama, Also Known as Jose Rivera, Appellant

19 A.D.3d 170795 N.Y.S.2d 887·New York Supreme Court, Appellate Division·2005·NY

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Opinion

The People of the State of New York, Respondent, v Jose Llama, Also Known as Jose Rivera, Appellant. [795 NYS2d 887] [MAJORITY] Appeals from judgments, Supreme Court, New York County (Carol Berkman, J.), rendered February 25, 2004, convicting defendant, upon his pleas of guilty, of two counts of criminal sale of a controlled substance in the fourth degree, and sentencing him to concurrent terms of 1 to 3 years, unanimously dismissed. Since defendant has been deported, he is not presently avail- able to obey the mandate of the court in the event of affirmance (see People v Bacon, 46 NY2d 1073 [1979]; People v Del Rio, 14 NY2d 165 [1964], cert denied 379 US 939 [1964]). Accordingly, his appeals are dismissed. Were we not dismissing the appeals, we would find no basis for reducing the sentences. Concur- Mazzarelli, J.P., Andrias, Saxe, Marlow and Sullivan, JJ. 13