Opinion
Motion No. 2022-04522 Ind. No. 5035/16No. 2019-5318
01-12-2023
The People of the State of New York, Respondent, v. Ammon Carmon, Defendant-Appellant.
Unpublished Opinion
MOTION DECISION
PRESENT: Hon. Dianne T. Renwick, David Friedman Tanya R. Kennedy Saliann Scarpulla Manuel J. Mendez, Justice Presiding, Justices.
An order of this Court having been entered on November 15, 2018 (M-4787) granting defendant leave to prosecute, as a poor person, the appeal taken from the judgment of the Supreme Court, New York County, rendered on or about January 11, 2018, and assigning Justine M. Luongo, 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, 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 September 19, 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).