Opinion
Motion No. 2024-04563 Ind. No. 2571/18Case No. 2019-03748
10-29-2024
The People of the State of New York, Respondent, v. Allan Zusstone, Defendant-Appellant.
Unpublished Opinion
MOTION DECISION
Present - Hon. Cynthia S. Kern, Justice Presiding, Anil C. Singh David Friedman Ellen Gesmer Manuel J. Mendez, Justices.
An order of this Court having been entered on October 31, 2019 (M-7420), inter alia, assigning Janet E. Sabel, Esq., as predecessor to Twyla Carter, Esq., The Legal Aid Society, as counsel to prosecute defendant's appeal to this Court from a judgment of the Supreme Court, New York County, rendered on or about April 25, 2019, And 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 June 03, 2024, 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]).