Opinion
Motion No. 2024-04745 Ind. No. 1649/21Case No. 2021-03954
11-21-2024
The People of the State of New York, Respondent, v. Md Asaduzzaman, Defendant-Appellant.
Unpublished Opinion
MOTION DECISION
Present - Hon. Dianne T. Renwick, Presiding Justice, Peter H. Moulton Saliann Scarpulla Bahaati E. Pitt-Burke Marsha D. Michael, Justices.
An order of this Court having been entered on December 09, 2021 (Motion No. 2021-03667), inter alia, assigning Caprice R. Jenerson, Esq., Office of the Appellate Defender, 11 Park Place, Suite 1601, New York, New York 10007, Telephone No. 212-402-4100, Esq., as counsel to prosecute defendant's appeal from a judgment of the Supreme Court, New York County, rendered on October 13, 2021,
And 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 April 16, 2024, 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]).