Opinion
Motion No. 2023-00029 Ind. No. 3057/15No. 2019-1440
02-23-2023
The People of the State of New York, Respondent, v. Wesley Thornton, Defendant-Appellant.
Unpublished Opinion
MOTION DECISION
PRESENT: Hon. Dianne T. Renwick, Jeffrey K. Oing Manuel J. Mendez Martin Shulman John R. Higgitt, Justice Presiding, Justices.
An order of this Court having been entered on May 09, 2019 (M-1236), inter alia, granting defendant poor person relief and assigning Janet E. Sabel, Esq., predecessor to Twyla Carter, Esq., The Legal Aid Society, as counsel to prosecute defendant's appeal taken from a judgment of the Supreme Court, New York County, rendered on or about November 14, 2018,
And assigned counsel having moved for an order abating the appeal and dismissing the indictment by reason of appellant's death, or in the alternative, remanding the matter to the trial court to vacate the judgment of conviction, 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 January 09, 2020, and remanding the matter to the Supreme Court, New York County, for further proceedings (see, People v Mintz, 20 N.Y.2d 770).