People v Jose Diaz

Motion No: 881

Slip Opinion No: 2006 NYSlipOp 75694

Decided on September 19, 2006

Court of Appeals Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and subject to revision before publication in the Official Reports.

The People &c., Respondent, v. Jose Diaz, Appellant.

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Motion to dismiss appeal granted and appeal dismissed, in a memorandum.

Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo and Read concur.

Judge R.S. Smith dissents and votes to deny the motion to dismiss in an opinion.