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PEOPLE v. BARRAZA

12 A.D.3d 242 (2004)

783 N.Y.S.2d 814

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANIEL BARRAZA, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

November 16, 2004.

Since defendant has been deported, he is not presently available to obey the mandate of the court in the event of an affirmance (see People v Calderon, 5 A.D.3d 276 [2004], lv dismissed 3 N.Y.3d 637 [2004]). Were we not dismissing the appeal, we would affirm, finding that the verdict, which rejected defendant's justification defense, was based on legally sufficient evidence and was not against...

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