Opinion
Motion No. 2023-01262 Ind. No. 125/18Case No. 2019-3007
05-04-2023
The People of the State of New York, Respondent, v. Franklyn Marti, Defendant-Appellant.
Unpublished Opinion
MOTION DECISION
Present - Hon. Barbara R. Kapnick, Justice Presiding, Ellen Gesmer Lizbeth González Saliann Scarpulla, Justices.
An order of this Court having been entered on December 27, 2018 (M-5459), inter alia, assigning Justine M. Luongo, Esq., as predecessor to Twyla Carter, Esq., The Legal Aid Society, 199 Water Street, 5th Floor, New York, New York 10038, Telephone No. 212-577-3688, as counsel to prosecute defendant's appeal from a judgment of the Supreme Court, Bronx County, rendered on or about March 21, 2018, And assigned counsel for defendant-appellant having moved for an order abating the aforesaid 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 defendant-appellant's death on December 08, 2021, and remanding the matter to the Supreme Court, Bronx County, for further proceedings consistent with People v Mintz (20 N.Y.2d 770 [1967]).