Opinion
Motion No: 2016-00814 KCR
03-23-2021
The People of the State of New York, Respondent, v. Nair Vives, Appellant.
MICHELLE WESTON
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
Motion by appellant for an order abating the appeal upon the death of the appellant and vacating the judgement of conviction on an appeal from a judgment of conviction of the Criminal Court of the City of New York, Kings County, rendered March 15, 2016.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the appeal is dismissed on the ground that it abated upon appellant's death, and the matter is remitted to the Criminal Court of the City of New York, Kings County for further proceedings consistent with People v Matteson (75 NY2d 745 [1989]) and People v Mintz (20 NY2d 770 [1967]).
ENTER:
Paul Kenny
Chief Clerk