Opinion
Motion No. 2024-01931 Ind. No. 2980/18Case No. 2019-3882
05-28-2024
The People of the State of New York, Respondent, v. Nicholas Dujardin, Defendant-Appellant.
Unpublished Opinion
MOTION DECISION
Present - Hon. Dianne T. Renwick, Presiding Justice, David Friedman Tanya R. Kennedy Bahaati E. Pitt-Burke Marsha D. Michael, Justices.
An order of this Court having been entered on June 20, 2019 (M-2287), inter alia, assigning Janet E. Sabel, Esq., as predecessor to Twyla Carter, Esq., The Legal Aid Society, as counsel to prosecute the appeal taken to this Court from a judgment of the Supreme Court, New York County, rendered on March 19, 2019,
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 September 25, 2020, 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]).