| People v Blagmon, James |
| Motion No: 2007-06475 |
| Slip Opinion No: 2008 NYSlipOp 65499(U) |
| Decided on March 5, 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. |
Appellate Division: Second Judicial Department
M67071
E/sl
ROBERT A. SPOLZINO, J.P.
DAVID S. RITTER
FRED T. SANTUCCI
EDWARD D. CARNI, JJ.
|
2007-06475 The People, etc., respondent, v James Blagmon, appellant. (Ind. No. 06-00689)
| DECISION & ORDER ON MOTION |
Motion by counsel assigned to prosecute an appeal from a judgment of the County Court, Orange County, rendered June 21, 2007, to be relieved, and for the assignment of new 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, and upon the death of the appellant on January 30, 2008, the appeal is dismissed and the matter is remitted to the County Court, Orange County, for entry of an order vacating the judgment and dismissing the indictment pursuant to People v Mintz (20 NY2d 770); and it is further,
ORDERED that the branch of the motion which is to be relieved is denied to the extent that counsel must appear for any proceedings in the County Court, Orange County, pursuant to People v Mintz (20 NY2d 770); and it is further,
ORDERED that the branch of the motion which is for the assignment of new counsel is denied.
SPOLZINO, J.P., RITTER, SANTUCCI and CARNI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court