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People v. Garcia

Supreme Court of New York, First Department
Nov 26, 2024
2024 N.Y. Slip Op. 79089 (N.Y. App. Div. 2024)

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Unpublished Opinion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]).


Summaries of

People v. Garcia

Supreme Court of New York, First Department
Nov 26, 2024
2024 N.Y. Slip Op. 79089 (N.Y. App. Div. 2024)
Case details for

People v. Garcia

Case Details

Full title:The People of the State of New York, Respondent, v. Gregorio Garcia…

Court:Supreme Court of New York, First Department

Date published: Nov 26, 2024

Citations

2024 N.Y. Slip Op. 79089 (N.Y. App. Div. 2024)