Opinion
Motion No. 2022-02151 Ind. No. 3502/16Case No. 2019-4293
07-12-2022
The People of the State of New York, Respondent, v. Edward Garcia, Defendant-Appellant.
Unpublished Opinion
MOTION DECISION
Present - Hon. Dianne T. Renwick, Cynthia S. Kern, Jeffrey K. Oing, Martin Shulman, John R. Higgitt, Justices.
An order of this Court having been entered on July 09, 2019 (M-2557), inter alia, assigning Janet E. Sabel, Esq., predecessor to Justine M. Luongo, Esq., The Legal Aid Society, as counsel to prosecute defendant's appeal from a judgment of the Supreme Court, New York County, rendered on or about March 27, 2019,
And 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, 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 November 09, 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).