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]). Chief Judge Lippman taking no part.
The People of the State of New York, Respondent, v. Rigoberto Benitez, Appellant
12 N.Y.3d 734
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