
    The People of the State of New York, Respondent, v Rigoberto Benitez, Appellant.
    Submitted January 5, 2009;
    decided February 12, 2009
   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 (see People v Diaz, 7 NY3d 831 [2006]).

Chief Judge Lippman taking no part.  