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PEOPLE v. CALDERON

5 A.D.3d 276 (2004)

774 N.Y.S.2d 678

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLY CALDERON, Appellant.

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

March 23, 2004.

Since defendant has been deported, he is not presently available to obey the mandate of the court in event of affirmance (see People v Reyes, 292 A.D.2d 271 [2002], lv denied 98 N.Y.2d 701 [2002]). Accordingly, his appeal is dismissed. Were we not dismissing the appeal, we would find that the verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the...

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