Opinion
Motion No: 2011-00450 Ind. No. 10817/97 M132814
02-07-2012
The People, etc., respondent, v. Judah Johnson, appellant.
, J.P.
ANITA R. FLORIO
THOMAS A. DICKERSON
PLUMMER E. LOTT, JJ.
DECISION & ORDER ON MOTION
Motion by the appellant's assigned counsel to abate an appeal from an order of the Supreme Court, Queens County, dated June 18, 2010, issued pursuant to CPL 440.46, upon the death of the appellant on May 21, 2011.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted, and the appeal is abated (see People v Mintz, 20 NY2d 770).
DILLON, J.P., FLORIO, DICKERSON and LOTT, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court