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People v. Bravo

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


December 16, 2008

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
OMAR BRAVO, DEFENDANT-APPELLANT.

Appeal from order, Supreme Court, New York County (Thomas Farber, J.), entered on or about November 9, 2007, which denied defendant's CPL 440.10 motion to vacate a judgment, same court (Leslie Crocker Snyder, J.), rendered August 8, 1990, unanimously dismissed, without costs.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Andrias, J.P., Nardelli, Sweeny, DeGrasse, Freedman, JJ.

9766/89

We dismiss the appeal on the ground that defendant has been released from New York State custody and deported (see People v Henriquez, 47 AD3d 457 [2008]). Alternatively, we find that the court properly denied defendant's CPL 440.10 motion as both procedurally defective and without merit.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20081216

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