People v Byfield (Paul)

[*1] People v Byfield (Paul) 2005 NYSlipOp 50398(U) Decided on March 25, 2005 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on March 25, 2005
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: March 25, 2005 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS PRESENT : McCABE, P.J., ANGIOLILLO and COVELLO, JJ.
2001-1471 OR CR

The People of the State of New York, Respondent,

against

Paul Byfield, Appellant.

Defendant appeals by permission from an order of the City Court of Newburgh, Orange County (A. Austria, J.), dated July 18, 2001, which denied defendant's CPL 440.10 motion to vacate the judgments of conviction.

Appeal unanimously dismissed.

Defendant has been deported and is not now available to obey the mandate of the court (see People v Del Rio, 14 NY2d 165 [1964], cert denied 379 US 939 [1964]; People v Martin, 119 AD2d 539 [1986], lv denied 68 NY2d 758 [1986]).
Decision Date: March 25, 2005