Opinion
Motion No. 2022-01929 Ind. No. 890/17Case No. 2019-4858
06-30-2022
Unpublished Opinion
MOTION DECISION
PRESENT: Hon. Rolando T. Acosta, Presiding Justice, David Friedman, Anil C. Singh, Tanya R. Kennedy, Julio Rodriguez III, Justices.
An order of this Court having been entered on December 20, 2018 (M-5455), granting defendant leave to prosecute, as a poor person, the appeal taken from the judgment of the Supreme Court, New York County, rendered on or about March 07, 2018, and assigning Justine M. Luongo, Esq., The Legal Aid Society, as counsel to prosecute the appeal, And assigned counsel having moved for an order abating the appeal by reason of appellant's death, and remanding the matter to the trial court to vacate the judgment of conviction, 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 due to appellant's death on April 11, 2021, and remanding the matter to the Supreme Court, New York County, for further proceedings consistent with People v Mintz (20 N.Y.2d 770).