Opinion
Motion No. 2024-04705 Ind. No. 5270/16SCI No. 1449/17 Case No. 2019-03788
11-12-2024
Unpublished Opinion
MOTION DECISION
Present - Hon. Troy K. Webber, Justice Presiding, Jeffrey K. Oing Barbara R. Kapnick Tanya R. Kennedy John R. Higgitt, Justices.
An order of this Court having been entered on October 31, 2019 (M-7448), inter alia, assigning Janet E. Sabel, Esq., as predecessor to Twyla Carter, Esq., The Legal Aid Society, 199 Water Street, 5th Floor, New York, New York 10038, Telephone No. 212-577-3688, as counsel to prosecute defendant's appeal from a judgment of the Supreme Court, New York County, rendered on May 16, 2019,
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 October 25, 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]).