Opinion
Motion No. 2023-04010 Ind. No. 3255/16Case No. 2018-1948
11-02-2023
The People of the State of New York, Respondent, v. Michael McCoy, Defendant-Appellant.
Unpublished Opinion
MOTION DECISION
Present - Hon. Barbara R. Kapnick, Justice Presiding, Jeffrey K. Oing Ellen Gesmer Bahaati E. Pitt-Burke Kelly O'Neill Levy, Justices.
An order of this Court having been entered on October 04, 2018 (M-3953), inter alia, assigning Robert S. Dean, Esq., as predecessor to Jenay Nurse Guilford, Esq., Center for Appellate Litigation, as counsel to prosecute defendant's appeal from a judgment of the Supreme Court, New York County, rendered on or about August 08, 2017,
And 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 September 30, 2021, and remanding the matter to the Supreme Court, New York County, for further proceedings consistent with People v Mintz (20 N.Y.2d 770 [1967]).