Ordered that the appeal is dismissed.
On April 22, 2004, upon his convictions after a nonjury trial for, inter alia, violations of Agriculture and Markets Law § 351, the defendant was sentenced to a term of imprisonment and a fine. Nineteen months later, in November 2005, after the defendant had already begun to serve his prison sentence and this Court had already affirmed the judgment of conviction (see People v Fricchione,
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