People v Martin, Marvin
Motion No: 2007-03251
Slip Opinion No: 2008 NYSlipOp 64900(U)
Decided on February 27, 2008
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

M66279

E/sl

PETER B. SKELOS, J.P.

STEVEN W. FISHER

MARK C. DILLON

WILLIAM E. McCARTHY, JJ.

2007-03251

The People, etc., respondent,

v Marvin Martin, appellant.

(Ind. No. 1565/06)

DECISION & ORDER ON MOTION

Motion by assigned counsel to abate an appeal from a judgment of the County Court, Nassau County, rendered March 7, 2007, upon the death of the appellant on October 25, 2007.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is granted, the appeal is dismissed, and the matter is remitted to the County Court, Nassau County, for further proceedings consistent with People v Mintz (20 NY2d 770).

SKELOS, J.P., FISHER, DILLON and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court