
    The People of the State of New York, Appellant, v Mohamed Kadry, Respondent.
    Submitted November 16, 2009;
    decided December 17, 2009
    Reported below, 63 AD3d 856.
   Motion to dismiss the appeal herein granted and appeal dismissed without prejudice to a motion by the People to reinstate the appeal should defendant return to this Court’s jurisdiction (see People v Diaz, 7 NY3d 831 [2006]).  