Opinion
Motion No. 2023-00041 Ind. No. 5738/13Case No. 2016-990
03-07-2023
The People of the State of New York, Respondent, v. John Doherty, Defendant-Appellant.
Unpublished Opinion
MOTION DECISION
Present - Hon. Sallie Manzanet-Daniels, David Friedman Peter H. Moulton Tanya R. Kennedy Bahaati E. Pitt-Burke, Justice Presiding, Justices.
An order of this Court having been entered on November 02, 2017 (M-4040), inter alia, assigning Christina Swarns, Esq., as predecessor to Caprice R. Jenerson, Esq., Office of the Appellate Defender, 11 Park Place, Suite 1601, New York, New York 10007, Telephone No. 212-402-4100, as counsel to prosecute defendant's appeal taken to this Court from a judgment of the Supreme Court, New York County, rendered on or about August 04, 2015, 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 May 04, 2019, 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]).