—[*1] Robert S. Dean, Center for Appellate Litigation, New York (Claudia S. Trupp of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Olivia Sohmer of counsel), for respondent.

Appeal from judgment of resentence, Supreme Court, New York County (John Cataldo, J.), rendered March 6, 2006, resentencing defendant, upon his conviction of criminal sale of a controlled substance in the second degree, to a term of six years, unanimously dismissed.

We dismiss the appeal on the ground that defendant has been released from New York State custody and deported. Were we not dismissing the appeal, we would find no basis for further reducing defendant's sentence. Concur—Friedman, J.P., Marlow, Williams, Buckley and McGuire, JJ.