Opinion
Motion No. 2023-02011 Ind. No. 793/14Case No. 2018-2010
06-20-2023
The People of the State of New York, Respondent, v. Delvi Rosario, Defendant-Appellant.
Unpublished Opinion
MOTION DECISION
Present - Hon. Cynthia S. Kern, Lizbeth González Manuel J. Mendez Bahaati E. Pitt-Burke Justice Presiding, Justices.
An order of this Court having been entered on February 27, 2018 (M-373), inter alia, assigning Seymour W. James, Jr., 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, Esq., as counsel to prosecute defendant's appeal from a judgment of the Supreme Court, Bronx County, rendered on or about August 04, 2017,
And assigned 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 October 28, 2022, and remanding the matter to the Supreme Court, Bronx County, for further proceedings consistent with People v Mintz (20 N.Y.2d 770 [1967]).