Opinion
Motion No. 2023-01189 Ind. No. 503/18Case No. 2019-2077
04-27-2023
The People of the State of New York, Respondent, v. Kevin McLean, Defendant-Appellant.
Unpublished Opinion
MOTION DECISION
Present - Hon. Barbara R. Kapnick, Justice Presiding, Ellen Gesmer, Lizbeth González, Saliann Scarpulla, Julio Rodriguez III, Justices.
An order of this Court having been entered on April 02, 2019 (M-941) granting defendant leave to prosecute, as a poor person, the appeal taken from a judgment of the Supreme Court, New York County, rendered on or about January 08, 2019, and assigning Janet E. Sabel, Esq., predecessor to Twyla Carter, 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, vacating 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 deeming the notice of appeal to include the judgment of resentence rendered on or about February 04, 2019, dismissing the appeal due to appellant's death on February 01, 2022, and remanding the matter to the Supreme Court, New York County, for further proceedings consistent with People v Mintz (20 N.Y.2d 770).