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People v. Malbranche

Appellate Division of the Supreme Court of New York, Second Department
Jan 18, 2000
268 A.D.2d 488 (N.Y. App. Div. 2000)

Opinion

Submitted December 8, 1999

January 18, 2000

Appeal by the defendant from an amended judgment of the Supreme Court, Kings County (Vaughan, J.), rendered March 5, 1997, revoking a sentence of probation previously imposed by the same court (Rooney, J.), upon a finding that he had violated a condition thereof, after a hearing, and sentencing him to a term of imprisonment, upon his previous conviction of attempted criminal sale of a controlled substance in the third degree.

Lynn W. L. Fahey, New York, N.Y., for appellant.

Michael D. Hess, Corporation Counsel, New York, N.Y. (Leonard Koerner and Ellen B. Fishman of counsel), for respondent.

CORNELIUS J. O'BRIEN, J.P., THOMAS R. SULLIVAN, GLORIA GOLDSTEIN, DANIEL F. LUCIANO, SANDRA J. FEUERSTEIN, JJ.


DECISION ORDER

ORDERED that the appeal is dismissed.

The defendant has been deported. Accordingly, the appeal is dismissed (see, People v. DelRio, 13 N.Y.2d 899; People v. Forde, 182 A.D.2d 830 ; People v. Ospina, 143 A.D.2d 952 ).

O'BRIEN, J.P., SULLIVAN, GOLDSTEIN, LUCIANO, and FEUERSTEIN, JJ., concur.


Summaries of

People v. Malbranche

Appellate Division of the Supreme Court of New York, Second Department
Jan 18, 2000
268 A.D.2d 488 (N.Y. App. Div. 2000)
Case details for

People v. Malbranche

Case Details

Full title:THE PEOPLE, etc., respondent, v. JAMES MALBRANCHE, appellant. (Ind. No…

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

Date published: Jan 18, 2000

Citations

268 A.D.2d 488 (N.Y. App. Div. 2000)
701 N.Y.S.2d 638

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