| PEOPLE V JOSE SIERRA |
| Motion No: KA 05-01848 |
| Slip Opinion No: 2008 NYSlipOp 64999(U) |
| Decided on February 26, 2008 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
KA 05-01848
Indictment No: 91-1004A
| PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JOSE SIERRA,
DEFENDANT-APPELLANT. |
Counsel for appellant having moved to dismiss the appeal taken from a judgment of the Monroe County Court entered in the Office of the Clerk of the County of Monroe on May 20, 2005, on the ground that the appellant is not available to obey the mandates of this Court,
Now, upon reading and filing the affirmation of William Clauss, dated February 6, 2008, the notice of motion with proof of service thereof, the letter of Leslie E. Swift, dated February 8, 2008, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be and the same hereby is granted, and the appeal is dismissed without prejudice to a motion to reinstate the appeal should defendant return to this Court's jurisdiction (see People v Diaz, 7 NY3d 831, 832).
Entered: February 26, 2008
JoAnn M. Wahl, Clerk