Opinion
Motion No. 2023-04462 Ind. No. 2153/19Case No. 2020-01373
12-05-2023
The People of the State of New York, Respondent, v. Andrew Gibson, Defendant-Appellant.
Unpublished Opinion
MOTION DECISION
Present - Hon. Dianne T. Renwick, Presiding Justice, David Friedman, Tanya R. Kennedy, Manuel J. Mendez, John R. Higgitt, Justices.
An order of this Court having been entered on May 07, 2020 (M-873), inter alia, assigning Janet E. Sabel, Esq., as predecessor to Twyla Carter, Esq., The Legal Aid Society, as counsel to prosecute defendant's appeal to this Court from a judgment of the Supreme Court, New York County, rendered on or about November 06, 2019, And assigned counsel having moved for an order abating the appeal by reason of appellant's death, remanding the matter to the trial court to vacate the judgment of conviction, and dismissing 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 appellant's death on June 14, 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]).