| THE PEOPLE V STEPHEN HENRY |
| Motion No: KA 04-02390 |
| Slip Opinion No: 2010 NY Slip Op 82419(U) |
| Decided on September 13, 2010 |
| 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., MARTOCHE, SMITH, AND CENTRA, AND FAHEY, JJ.
KA 04-02390
Indictment No: 556-03
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V STEPHEN
HENRY, DEFENDANT-APPELLANT. |
Counsel for appellant having moved to dismiss the appeal taken from a judgment of the Supreme Court, Monroe County rendered on October 5, 2004, on the ground that the appellant is not available to obey the mandates of this Court,
Now, upon reading and filing the affirmation of Mary Davison, Esq. dated August 12, 2010, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion 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), and
It is further ORDERED that the orders entered March 25, 2010 and November 3, 2004 are vacated.
Entered: September 13, 2010
Patricia l. morgan, Clerk