
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.
*735 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]).
