
13 N.Y.3d 903 (2009)
895 N.Y.S.2d 292
2009 NY Slip Op 91580
THE PEOPLE OF THE STATE OF NEW YORK, Appellant,
v.
MOHAMED KADRY, Respondent.
Motion No: 2009-1223.
Court of Appeals of New York.
Submitted November 16, 2009.
Decided December 17, 2009.
Motion to dismiss the appeal herein granted and appeal dismissed without prejudice to a motion by the People to reinstate the appeal should defendant return to this Court's jurisdiction (see People v Diaz, 7 NY3d 831 [2006]).
