| People v O'Donnell, Thomas |
| Motion No: 2006-05442 |
| Slip Opinion No: 2008 NYSlipOp 66590(U) |
| Decided on March 14, 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
M67582
F/
REINALDO E. RIVERA, J.P.
DAVID S. RITTER
EDWARD D. CARNI
WILLIAM E. McCARTHY, JJ.
|
2006-05442 The People, etc., respondent, v Thomas O'Donnell, appellant. (Ind. No. 7706/05)
| DECISION & ORDER ON MOTION |
Motion by assigned counsel to dismiss an appeal from a judgment of the Supreme Court, Kings County, rendered May 11, 2006, upon the death of appellant on November 11, 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 Supreme Court, Kings County, for entry of an order vacating the judgment and dismissing the indictment pursuant to People v Mintz (see 20 NY2d 770).
RIVERA, J.P., RITTER, CARNI, and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court