Opinion
Motion No. 2022-05241 Ind. No. 356/18Case No. 2019-5308
02-28-2023
The People of the State of New York, Respondent, v. Luis Villegas, Defendant-Appellant.
Unpublished Opinion
MOTION DECISION
Present - Hon. Sallie Manzanet-Daniels, David Friedman Peter H. Moulton Tanya R. Kennedy Bahaati E. Pitt-Burke, Justice Presiding, Justices.
An order of this Court having been entered on January 03, 2019 (M-2022-5241), inter alia, assigning Justine M., Luongo, 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 from a judgment of the Supreme Court, Bronx County, rendered on or about April 24, 2018,
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 August 15, 2021, and remanding the matter to the Supreme Court, Bronx County, for further proceedings consistent with People v Mintz (20 N.Y.2d 770).