Opinion
Motion No. 2023-04104 Ind. No. 1522/18No. 2020-01223
11-28-2023
The People of the State of New York, Respondent, v. Anthony Simpson, Defendant-Appellant.
Unpublished Opinion
MOTION DECISION
Present - Hon. Troy K. Webber, Anil C. Singh Lizbeth González Martin Shulman Julio Rodriguez III, Justice Presiding, Justices.
An order of this Court having been entered on May 07, 2020 (M-747), inter alia, assigning Janet E. Sabel, 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, Esq., as counsel to prosecute defendant's appeal to this Court from a judgment of the Supreme Court, Bronx County, rendered on December 13, 2019, 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 April 02, 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]).