—[*1] Steven Banks, The Legal Aid Society, New York City (Karen M. Kalikow of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Mary C. Farrington of counsel), for respondent.

Appeal from judgment, Supreme Court, New York County (Budd G. Goodman, J.), rendered August 11, 2004, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the third and fifth degrees, and sentencing him, as a second felony offender, to concurrent terms of 5 to 10 years and 2 to 4 years, consecutive to a term of 2 to 6 years upon his plea of guilty to a violation of probation, unanimously dismissed.

We dismiss the appeal on the ground that defendant has been released from New York State custody and deported (see People v Diaz, 7 NY3d 831 [2006]). Concur—Mazzarelli, J.P., Andrias, Buckley, Sweeny and McGuire, JJ.