Opinion
6285, 6286.
June 9, 2005.
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.
Laura R. Johnson, The Legal Aid Society, New York (Jane Levitt of counsel), for appellant.
Robert M. Morgenthau, District Attorney, New York (Eli R. Koppel of counsel), for respondent.
Before: Mazzarelli, J.P., Andrias, Saxe, Marlow and Sullivan, JJ.
Since defendant has been deported, he is not presently available to obey the mandate of the court in the event of affirmance ( see People v. Bacon, 46 NY2d 1073; People v. Del Rio, 14 NY2d 165, cert denied 379 US 939). Accordingly, his appeals are dismissed. Were we not dismissing the appeals, we would find no basis for reducing the sentences.