Opinion
3239.
Decided March 30, 2004.
Appeal from judgment, Supreme Court, New York County (Brenda Soloff, J.), rendered February 7, 2001, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the second degree, and sentencing him to a term of 3 years to life, unanimously dismissed.
Alice Wiseman for Respondent.
Robert Budner for Defendant-Appellant.
Before: Nardelli, J.P., Tom, Andrias, Saxe, Marlow, JJ.
Since defendant has been deported, he is not presently available to obey the mandate of the court in the event of an affirmance ( see People v. Del Rio, 14 N.Y.2d 165, cert denied 379 U.S. 939; People v. Reyes, 292 A.D.2d 271, lv denied 98 N.Y.2d 701). Were we to decide the appeal, we would find that the court properly denied defendant's motion to controvert the search warrant and that a Darden hearing ( People v. Darden, 34 N.Y.2d 177) was not necessary ( see People v. Perez, 301 A.D.2d 434, 435, lv denied 99 N.Y.2d 657).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.