| People v Braga, Wayne |
| Motion No: 2003-10884 |
| Slip Opinion No: 2007 NYSlipOp 77493(U) |
| Decided on September 7, 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. |
Appellate Division: Second Judicial Department
M59365
E/sl
WILLIAM F. MASTRO, J.P.
ANITA R. FLORIO
STEVEN W. FISHER
MARK C. DILLON, JJ.
|
2003-10884 The People, etc., respondent, v Wayne Braga, appellant. (Ind. No. 599/03)
| DECISION & ORDER ON MOTION |
Motion by assigned counsel to abate an appeal from a judgment of the Supreme Court, Kings County, rendered November 18, 2003, and to remand the matter to the trial court to vacate the judgment and dismiss the indictment upon the death of the appellant on December 11, 2006.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted, the appeal is dismissed, and the matter is remitted to the Supreme Court, Kings County, for further proceedings consistent with People v Mintz (20 NY2d 770).
MASTRO, J.P., FLORIO, FISHER and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court