| People v Gaines, Shanta |
| Motion No: 2008-10599 |
| Slip Opinion No: 2010 NY Slip Op 66808(U) |
| Decided on March 26, 2010 |
| 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
M100234
E/sl
WILLIAM F. MASTRO, J.P.
THOMAS A. DICKERSON
ARIEL E. BELEN
CHERYL E. CHAMBERS, JJ.
|
2008-10599 The People, etc., respondent, v Shanta Gaines, appellant. (Ind. No. 27/01)
| DECISION & ORDER ON MOTION |
Motion by David Goodman, Esq., counsel for the appellant, to dismiss an appeal from a resentence of the County Court, Dutchess County, imposed November 5, 2008, upon the appellant's death, and remit the case to the County Court, Dutchess County, with directions to vacate the conviction and dismiss the indictment.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted to the extent that the appeal is dismissed and the matter is remitted to the County Court, Dutchess County, for any proceedings pursuant to People v Mintz, (20 NY2d 770) with respect to the resentence imposed November 5, 2008, if warranted, and the motion is otherwise denied.
MASTRO, J.P., DICKERSON, BELEN and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court