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PEOPLE v. DIAZ

61 A.D.3d 696 (2009)

875 N.Y.S.2d 905

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARLOS DIAZ, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided April 7, 2009.

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 N.Y.3d 831, 832 [2006]; People v Henriquez, 47 A.D.3d 457 [2008]; People v Sosa, 46 A.D.3d 469 [2007...

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