People v McDonald
2019 NY Slip Op 00984 [169 AD3d 442]
February 7, 2019
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 27, 2019


[*1]
 The People of the State of New York, Respondent,
v
Kevin McDonald, Appellant.

Robert S. Dean, Center for Appellate Litigation, New York (Mark Zeno of counsel), for appellant.

Darcel D. Clark, District Attorney, Bronx (Kyle R. Silverstein of counsel), for respondent.

Appeal from order, Supreme Court, Bronx County (Ethan Greenberg, J.), entered on or about March 7, 2012, which, after a hearing, denied defendant's CPL 440.10 motion to vacate a judgment of conviction, same court (Greenberg, J. at plea; Steven L. Barrett, J. at sentencing), rendered April 21, 2010, unanimously dismissed.

Defendant's permissive appeal is dismissed due to his involuntary deportation (see People v Harrison, 27 NY3d 281, 288 [2016]; People v Medina, 142 AD3d 799 [1st Dept 2016]). We note also that defendant's appeal is untimely as it was perfected more than three years after his time to do so expired. Concur—Sweeny, J.P., Tom, Webber, Kahn, Kern, JJ.