People v. Benitez

12 N.Y.3d 734 (2009)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
RIGOBERTO BENITEZ, Appellant.

Court of Appeals of New York.

Submitted January 5, 2009. Decided February 12, 2009.

Chief Judge LIPPMAN taking no part.

Motion to dismiss the appeal herein granted and appeal dismissed, without prejudice to defendant making a motion to reinstate the appeal should he return to this Court's jurisdiction (see People v Diaz, 7 NY3d 831 [2006]).