Majority
p. 734The People of the State of New York, Respondent, v Rigoberto Benitez, Appellant. Submitted January 5, 2009; decided February 12, 2009
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 (s ee People v Diaz, 7 NY3d 831 [2006]).
p. 735
Chief Judge Lippman taking no part.
Cases cited
- People v. Diaz 7 NY3d 831 p. 734