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The People of the State of New York v. Jose Llama, Also Known as Jose Rivera
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.
Since defendant has been deported, he is not presently avail- able to obey the mandate of the court in the event of affirmance (see People v Bacon, 46 NY2d 1073 [1979]; People v Del Rio, 14 NY2d 165 [1964], cert denied 379 US 939 [1964]). Accordingly, his appeals are dismissed. Were we not dismissing the appeals, we would find no basis for reducing the sentences. Concur- Mazzarelli, J.P., Andrias, Saxe, Marlow and Sullivan, JJ. 13