People v Jemmott, Franchon
Motion No: 2011-00641
Slip Opinion No: 2011 NY Slip Op 83164(U)
Decided on September 9, 2011
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

M125498

E/sl

JOSEPH COVELLO, J.P.

DANIEL D. ANGIOLILLO

CHERYL E. CHAMBERS

L. PRISCILLA HALL, JJ.

2011-00641

The People, etc., appellant,

v Franchon Jemmott, respondent.

(Ind. No. 6823/09)

DECISION & ORDER ON MOTION

Motion by the appellant's assigned counsel, inter alia, in effect, to abate an appeal from an order of the Supreme Court, Kings County, dated December 20, 2010, upon the death of the appellant on June 12, 2011.

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 further proceedings consistent with People v Mintz (20 NY2d 770).

COVELLO, J.P., ANGIOLILLO, CHAMBERS and HALL, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court