Opinion
8362 SCI 3616/16
02-07-2019
The PEOPLE of the State of New York, Respondent, v. Kevin MCDONALD, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Mark Zeno of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Kyle R. Silverstein of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Mark Zeno of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Kyle R. Silverstein of counsel), for respondent.
Sweeny, J.P., Tom, Webber, Kahn, Kern, JJ.
Appeal from order, Supreme Court, Bronx County (Ethan Greenberg, J.), entered on or about March 7, 2012, which, after a hearing, denied defendant's CPL 440.10 motion to vacate a judgment of conviction, same court (Greenberg, J. at plea; Steven L. Barrett, J. at sentencing), rendered April 21, 2010, unanimously dismissed.
Defendant's permissive appeal is dismissed due to his involuntary deportation (see People v. Harrison, 27 N.Y.3d 281, 288, 32 N.Y.S.3d 560, 52 N.E.3d 223 [2016] ; People v. Medina, 142 A.D.3d 799, 37 N.Y.S.3d 204 [1st Dept. 2016] ).
We note also that defendant's appeal is untimely as it was perfected more than 3 years after his time to do so expired.