People v Carlos Diaz also known as Carlos VictorSanchez

Motion No: M-5358

Slip Opinion No: 2019 NYSlipOp 61874(U)

Decided on January 31, 2019

Appellate Division, First 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.

January 31, 2019

The People of the State of New York,

Respondent,

v

Carlos Diaz, also known as Carlos

Victor-Sanchez,

Defendant-Appellant.

An appeal having been taken to this Court from the judgment of the Supreme Court, New York County, rendered on or about October 23, 2013,And defendant-appellant having moved for an order vacating the plea and dismissing the indictment or, in the alternative, dismissing the appeal as academic, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is granted to the extent of dismissing the appeal and is otherwise denied, without prejudice to further proceedings in Supreme Court. ENTERED: January 31, 2019

_____________________ DEPUTY CLERK

Present - Hon. John W. Sweeny, Jr.,Justice Presiding, Rosalyn H. Richter Judith J. Gische Barbara R. Kapnick,Justices

M-5358

Ind. No. 5096N/04