People of State of New York v Reginald Mathone
Motion No: 2007-01819 NCR
Slip Opinion No: 2008 NYSlipOp 90164(U)
Decided on November 20, 2008
Appellate Term, Second 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.


SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS


PRESENT : McCABE, J.P., TANENBAUM and MOLIA, JJ.


NO. 2007-1819 N CR
THE PEOPLE OF THE STATE OF NEW YORK,

Respondent,

-against-

REGINALD MATHONE,

Appellant.

DECISION

Motion by assigned counsel, Dori Cohen, of the Legal Aid Society of Nassau County, to be relieved of representing the defendant-appellant on appeal is granted.

Cross motion by the People to dismiss the appeal is granted without prejudice to defendant's making a motion to reinstate the appeal should he return to this court's jurisdiction.

The defendant has been deported and is no longer subject to the jurisdiction of the court (see People v Diaz, 7 NY3d 831 [2006]; see also People v Mark, 8 NY3d 907 [2007]).