Opinion
Motion No. 2023-02066 Ind. No. 1345/17Case No. 2019-03706
06-29-2023
The People of the State of New York, Respondent, v. Dayshawn Cotten, Defendant-Appellant.
Unpublished Opinion
MOTION DECISION
Present - Hon. Dianne T. Renwick, Cynthia S. Kern Lizbeth González Manuel J. Mendez Bahaati E. Pitt-Burke, Presiding Justice, Justices.
An order of this Court having been entered on October 17, 2019 (M-7234), inter alia, assigning Janet E. Sabel, Esq., predecessor to Twyla Carter, Esq., The Legal Aid Society, as counsel to prosecute defendant's appeal from a judgment of the Supreme Court, New York County, rendered on or about May 29, 2019, 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 and to dismiss the indictment, 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 defendant's death on March 22, 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 [1967]).