Opinion
Motion No. 2023-04475 Ind. No. 273/19Case No. 2021-03634
12-12-2023
The People of the State of New York, Respondent, v. Shaliek Ziemoore, Defendant-Appellant.
Unpublished Opinion
MOTION DECISION
Present - Hon. Troy K. Webber, Justice Presiding, Jeffrey K. Oing Ellen Gesmer Peter H. Moulton Kelly O'Neill Levy, Justices.
An order of this Court having been entered on November 16, 2021 (Motion No. 2023-03422), inter alia, assigning Jenay Nurse Guilford, Esq., as predecessor to Robert S. Dean, Esq., Center for Appellate Litigation, as counsel to prosecute defendant's appeal taken to this Court from a judgment of the Supreme Court, New York County, rendered on or about September 27, 2021,
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 May 04, 2023, and remanding the matter to the Supreme Court, New York County, for further proceedings consistent with People v Mintz (20 N.Y.2d 770 [1967]).