People v. Frias

Appeal from judgment, Supreme Court, Bronx County (Barbara F. Newman, J.), rendered May 22, 2003, convicting defendant, after jury trial, of two counts of criminal sale of a controlled substance in the third degree, and sentencing him to concurrent terms of 3 to 9 years, unanimously dismissed.

Since defendant has been deported, he is not presently available to obey the mandate of the court in the event of affirmance (see e.g. People v Llama, 19 AD3d 170 [2005]). Accordingly, his appeal is dismissed. Were we not dismissing the appeal, we would find that the verdict was based on legally…