Opinion
2022-61446 2019-5316 Motion 2021-04406
02-08-2022
The People of the State of New York, Respondent, v. Felix Rodriguez, also known as Jose Brio, also known as Jose Brito, also known as Briu Jimenez (true name, Jorge Briu Jimenez), Defendant-Appellant. Ind. Nos. 8592/89, 5678N/2004 SCI No. 45N/02
Unpublished Opinion
MOTION DECISION
Present - Hon. Judith J. Gische, Cynthia S. Kern, Tanya R. Kennedy, Saliann Scarpulla, Bahaati E. Pitt, Justices.
An order of this Court having been entered on December 14, 2017 (M-5388), inter alia, assigning Robert S. Dean, Esq., Center for Appellate Litigation, 120 Wall Street, 28th Floor, New York, New York 10005, Telephone No. 212-577-2523, as counsel to prosecute defendant's appeal taken to this Court from a judgment of the Supreme Court, New York County, rendered on February 22, 2017,
And assigned counsel having moved for an order abating the appeal, vacating the judgment of conviction and dismissing the indictments under 8592/89 and 5678N/2004 and the superior court information under 45N/2 by reason of appellant's death, 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 that the appeal is dismissed due to appellant's death on July 16, 2020, and the matter remanded to the Supreme Court, New York County, for further proceedings consistent with People v Mintz (20 N.Y.2d 770).