People of State of New York v Jose Flores
Motion No: 2008-00761 QCR
Slip Opinion No: 2009 NY Slip Op 80354(U)
Decided on July 30, 2009
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 : 2nd, 11th and 13th JUDICIAL DISTRICTS


PRESENT : PESCE, P.J., WESTON and STEINHARDT, JJ.


NO. 2008-761 Q CR
THE PEOPLE OF THE STATE OF NEW YORK,

Respondent,

-against-

JOSE FLORES,

Appellant.

DECISION

Motion by assigned counsel 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]).