People v Bravo
2008 NY Slip Op 09842 [57 AD3d 323]
December 16, 2008
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 11, 2009


The People of the State of New York, Respondent,
v
Omar Bravo, Appellant.

—[*1] Meyers & Meyers, LLP, Albany, (Adam M. Breault of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Martin J. Foncello of counsel), for respondent.

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.

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. Concur—Andrias, J.P., Nardelli, Sweeny, DeGrasse and Freedman, JJ.