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People v. Diaz

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


April 7, 2009

THE PEOPLE, ETC., RESPONDENT,
v.
CARLOS DIAZ, APPELLANT.

Appeal by the defendant from a resentence of the County Court, Suffolk County (Crecca, J.), dated May 10, 2005, imposed after a hearing, upon his conviction of criminal sale of a controlled substance in the first degree (two counts) and criminal possession of a controlled substance in the first degree (two counts), pursuant to the Drug Law Reform Act of 2004 (L 2004, ch 738).

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

PETER B. SKELOS, J.P., FRED T. SANTUCCI, THOMAS A. DICKERSON and RANDALL T. ENG, JJ.

(Ind. No. 2516-93)

DECISION & ORDER

ORDERED that the appeal is dismissed.

Since the defendant has been deported, his appeal must be dismissed without prejudice to a motion to reinstate the appeal should the defendant return to this Court's jurisdiction (see People v Diaz, 7 NY3d 831, 832; People v Henriquez, 47 AD3d 457; People v Sosa, 46 AD3d 469; People v Wilamowski, 20 Misc 3d 134[A]).

SKELOS, J.P., SANTUCCI, DICKERSON and ENG, JJ., concur.

20090407

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