People v Noble-Castro, Higinio
Motion No: 2006-00229
Slip Opinion No: 2007 NYSlipOp 70418(U)
Decided on May 30, 2007
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M54562

S/sl

ROBERT A. SPOLZINO, J.P.

DAVID S. RITTER

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON, JJ.

2006-00229

The People, etc., respondent,

v Higinio Noble-Castro, appellant.

(Ind. No. 02-1089)

DECISION & ORDER ON MOTION

Appeal by the defendant from an amended judgment of the Supreme Court, Westchester County, rendered December 1, 2005.

Upon the stipulation of the parties dated April 30, 2007, it is

ORDERED that the appeal is deemed withdrawn as abated upon the death of the appellant on September 24, 2006.

SPOLZINO, J.P., RITTER, ANGIOLILLO and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court