Opinion
Ind. No. 2930/17 Case No. 2020-01251 Motion 2022-01356
05-12-2022
The People of the State of New York, Respondent, v. Kenneth Truss, Defendant-Appellant. Ind. No. 2930/17 Case No. 2020-01251
Unpublished Opinion
MOTION DECISION
Present - Hon. Cynthia S. Kern, Jeffrey K. Oing Lizbeth González Martin Shulman John R. Higgitt, Justice Presiding, Justices.
An order of this Court having been entered on April 16, 2020 (M-572), inter alia, assigning Christina Swarns, Esq., predecessor to Caprice R. Jenerson, Esq., Office of the Appellate Defender, as counsel to prosecute defendant's appeal taken from a judgment of the Supreme Court, Bronx County, rendered on or about September 26, 2019,
And assigned counsel having moved for an order abating the appeal by reason of appellant's death, vacating 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 September 20, 2021, and remanding the matter to the Supreme Court, Bronx County, for further proceedings consistent with People v Mintz (20 N.Y.2d 770).