| People v Jemmott, Franchon |
| Motion No: 2011-00641 |
| Slip Opinion No: 2011 NY Slip Op 83520(U) |
| Decided on September 14, 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. |
Appellate Division: Second Judicial Department
M125754
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 |
On the Court's own motion, it is
ORDERED that the decision and order on motion dated September 9, 2011, in the above-entitled case is recalled and vacated, and the following decision and order is substituted therefor:
Motion by the respondent'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 respondent 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 to the extent that 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), and the motion is otherwise denied.
COVELLO, J.P., ANGIOLILLO, CHAMBERS and HALL, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court