People v Johnson, Judah
Motion No: 2011-00450
Slip Opinion No: 2012 NY Slip Op 63502(U)
Decided on February 7, 2012
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

M132814

E/sl

MARK C. DILLON, J.P.

ANITA R. FLORIO

THOMAS A. DICKERSON

PLUMMER E. LOTT, JJ.

2011-00450

The People, etc., respondent,

v Judah Johnson, appellant.

(Ind. No. 10817/97)

DECISION & ORDER ON MOTION

Motion by the appellant's assigned counsel to abate an appeal from an order of the Supreme Court, Queens County, dated June 18, 2010, issued pursuant to CPL 440.46, upon the death of the appellant on May 21, 2011.

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, and the appeal is abated (see People v Mintz, 20 NY2d 770).

DILLON, J.P., FLORIO, DICKERSON and LOTT, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court