People v Henriquez

People v Henriquez 2008 NY Slip Op 00191 [47 AD3d 457] January 15, 2008 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, March 12, 2008

The People of the State of New York, Respondent,
v
Pablo Henriquez, Appellant.

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

Robert M. Morgenthau, District Attorney, New York (Richard Nahas of counsel), for respondent.

Appeal from judgment, Supreme Court, New York County (James A. Yates, J.), rendered July 21, 2005, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the fourth degree, and sentencing him to a term of six months, concurrent with five years' probation, unanimously dismissed.

Defendant has been released from New York State custody and deported (see People v Diaz, 7 NY3d 831 [2006]). Were we not dismissing the appeal on that basis, we would find no basis to reduce the sentence. Concur—Lippman, P.J., Buckley, Gonzalez and Sweeny, JJ.