Opinion
Motion No. 2023-01996 Ind. No. 502/18Case No. 2018-5217
06-29-2023
The People of the State of New York, Respondent, v. Frank Torres, Defendant-Appellant.
Unpublished Opinion
MOTION DECISION
PRESENT: Hon. Jeffrey K. Oing, David Friedman Peter H. Moulton Martin Shulman John R. Higgitt, Justice Presiding, Justices.
An order of this Court having been entered on February 26, 2019 (M-6249), inter alia, assigning Janet E. Sabel, Esq., as predecessor to Twyla Carter, Esq., The Legal Aid Society, as counsel to prosecute defendant's appeal from a judgment of the Supreme Court, Bronx County, rendered on or about June 28, 2018,
And assigned counsel having moved 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 defendant's death on August 02, 2021, and remanding the matter to the Supreme Court, Bronx County, for further proceedings consistent with People v Mintz (20 N.Y.2d 770 [1967]).