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

Robert M. Morgenthau, District Attorney, New York (Richard Nahas of counsel), for respondent.

Appeal from judgment, Supreme Court, New York County (James A. Yates, J.), rendered July 21, 2005, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the fourth degree, and sentencing him to a term of six months, concurrent with five years' probation, unanimously dismissed.

Defendant has been released from New York State custody and deported (see People v Diaz, 7 NY3d 831 [2006]). Were we not dismissing the appeal on that basis, we would find no basis to reduce the sentence. Concur—Lippman, P.J., Buckley, Gonzalez and Sweeny, JJ.