People v. Calderon

Appeal from judgment, Supreme Court, New York County (William Wetzel, J.), rendered February 10, 2000, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree (two counts) and criminal possession of a controlled substance in the third and fifth degrees, and sentencing him, as a second felony offender, to an aggregate term of 41/2 to 9 years, unanimously dismissed.

Since defendant has been deported, he is not presently available to obey the mandate of the court in event of affirmance (see People v Reyes, 292 AD2d 271 [2002], lv denied 98 NY2d 701…