Opinion
Motion No. 2022-01594 Ind. No. 567/15Case No. 2018-438
06-07-2022
The People of the State of New York, Respondent, v. Gerardo Rodriguez-Modesto, Defendant-Appellant.
Unpublished Opinion
MOTION DECISION
Present - Hon. Dianne T. Renwick, Justice Presiding, David Friedman, Lizbeth González, Martin Shulman, Bahaati E. Pitt, Justices.
An order of this Court having been entered on February 16, 2017 (M-106), inter alia, assigning Seymour W. James, Jr., predecessor to Justine M. Luongo, Esq., The Legal Aid Society, as counsel to prosecute defendant's appeal taken to this Court from a judgment of the Supreme Court, New York County, rendered on May 31, 2016,
And assigned counsel having moved for an order abating the appeal 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 of dismissing the appeal due to appellant's death on August 26, 2018, and remanding the matter to the Supreme Court, New York County, for further proceedings consistent with People v Mintz (20 N.Y.2d 770).