
    The People of the State of New York, Respondent, v Omar Bravo, Appellant.
    [868 NYS2d 530]
   We dismiss the appeal on the ground that defendant has been released from New York State custody and deported (see People v Henriquez, 47 AD3d 457 [2008]). Alternatively, we find that the court properly denied defendant’s CPL 440.10 motion as both procedurally defective and without merit. Concur— Andrias, J.E, Nardelli, Sweeny, DeGrasse and Freedman, JJ.  