Opinion
Motion No. 2024-04926 Ind. Nos. 2086/14 390/17Case No. 2018-02789
11-26-2024
The People of the State of New York, Respondent, v. Gregorio Garcia, Defendant-Appellant.
Unpublished Opinion
MOTION DECISION
PRESENT: Hon. Peter H. Moulton, Saliann Scarpulla Bahaati E. Pitt-Burke Marsha D. Michael, Justice Presiding, Justices.
An order of this Court having been entered on October 10, 2019 (M-6869), 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 from a judgment of the Supreme Court, Bronx County, rendered on September 28, 2017, 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 March 13, 2024, and remanding the matter to the Supreme Court, Bronx County, for further proceedings consistent with People v Mintz (20 N.Y.2d 770 [1967]).