| People v Colon, Wilmer |
| Motion No: 2007-06838 |
| Slip Opinion No: 2007 NYSlipOp 87331(U) |
| Decided on December 24, 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
M61912
F/
A. GAIL PRUDENTI, P.J.
STEPHEN G. CRANE
STEVEN W. FISHER
WILLIAM E. McCARTHY, JJ.
|
2007-06838 The People, etc., respondent, v Wilmer Colon, appellant.
(Ind. No. 1514/05)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel - Appeal from Judgment |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered June 29, 2007, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that on the court's own motion, it is
ORDERED that upon the death of the appellant on August 14, 2007, the appeal is dismissed, and the matter is remitted to the Supreme Court, Queens County, for entry of an order vacating the judgment and dismissing the indictment pursuant to People v Mintz (see 20 NY2d 770); and it is further,
ORDERED that the motion is denied as academic.
PRUDENTI, P.J., CRANE, FISHER and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court