Opinion
Motion No. 2022-01755 Ind. No. 1684/16Case No. 2019-3914
06-02-2022
The People of the State of New York, Respondent, v. Fremys Tirado, Defendant-Appellant.
Unpublished Opinion
MOTION DECISION
Present - Hon. Rolando T. Acosta, Sallie Manzanet-Daniels Troy K. Webber Lizbeth González Tanya R. Kennedy, Presiding Justice, Justices.
An order of this Court having been entered on April 30, 2019 (M-1286), granting defendant leave to prosecute, as a poor person, the appeal taken from the judgment of the Supreme Court, Bronx County, rendered on or about January 03, 2019, and assigning Janet E. Sabel, Esq., predecessor to Justine M. Luongo, Esq., The Legal Aid Society, as counsel to prosecute the appeal, And assigned counsel having renewed the motion for an order abating the appeal by reason of appellant's death, and 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 August 24, 2020, and remanding the matter to the Supreme Court, Bronx County, for further proceedings consistent with People v Mintz (20 N.Y.2d 770).