People v. Byfield

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PAUL BYFIELD, Appellant

Court: Appellate Term of the Supreme Court of New York, Second Department

Date published: Mar 25, 2005

2005 N.Y. Slip Op. 50398 (N.Y. App. Term 2005)

Opinion

2001-1471 ORCR.

Decided March 25, 2005.

Defendant appeals by permission from an order of the City Court of Newburgh, Orange County (A. Austria, J.), dated July 18, 2001, which denied defendant's CPL 440.10 motion to vacate the judgments of conviction.

Appeal unanimously dismissed.

PRESENT: McCABE, P.J., ANGIOLILLO and COVELLO, JJ.

Defendant has been deported and is not now available to obey the mandate of the court ( see People v. Del Rio, 14 NY2d 165, cert denied 379 US 939; People v. Martin, 119 AD2d 539, lv denied 68 NY2d 758).