People v Sosa

People v Sosa 2007 NY Slip Op 10475 [46 AD3d 469] December 27, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 13, 2008

The People of the State of New York, Respondent,
v
Franklin Sosa, Appellant.

—[*1] Steven Banks, The Legal Aid Society, New York City (Karen M. Kalikow of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Mary C. Farrington of counsel), for respondent.

Appeal from judgment, Supreme Court, New York County (Budd G. Goodman, J.), rendered August 11, 2004, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the third and fifth degrees, and sentencing him, as a second felony offender, to concurrent terms of 5 to 10 years and 2 to 4 years, consecutive to a term of 2 to 6 years upon his plea of guilty to a violation of probation, unanimously dismissed.

We dismiss the appeal on the ground that defendant has been released from New York State custody and deported (see People v Diaz, 7 NY3d 831 [2006]). Concur—Mazzarelli, J.P., Andrias, Buckley, Sweeny and McGuire, JJ.