| People etc. v Rigoberto Benitez |
| Motion No: 2009-13 |
| Slip Opinion No: 2009 NYSlipOp 63494 |
| Decided on February 12, 2009 |
| 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 etc.,
Respondent,
v
Rigoberto Benitez,
Appellant.
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 (seePeople v Diaz, 7 NY3d 831 [2006]).
Chief Judge Lippman took no part.