Opinion
Motion No. 2023-01820 SCI. No. 1910/17No. 2018-2295
12-19-2023
The People of the State of New York, Respondent, v. Victor Henriquez, Defendant-Appellant.
Unpublished Opinion
MOTION DECISION
Present - Hon. Sallie Manzanet-Daniels, Justice Presiding, Troy K. Webber Anil C. Singh Tanya R. Kennedy Bahaati E. Pitt-Burke, Justices.
An order of this Court having been entered on May 08, 2018 (M-1494), inter alia, assigning Twyla Carter, Esq., The Legal Aid Society, 199 Water Street, 5th Floor, New York, New York 10038, Telephone No. 212-577-3688, Esq., as counsel to prosecute defendant's appeal taken to this Court from a judgment of the Supreme Court, Bronx County, rendered on October 18, 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 October 30, 2022, and remanding the matter to the Supreme Court, Bronx County, for further proceedings consistent with People v Mintz (20 N.Y.2d 770 [1967]).