People of State of New York v Noland Whistleon
Motion No: 2011-02776 RICR
Slip Opinion No: 2014 NY Slip Op 63655(U)
Decided on February 4, 2014
Appellate Term, 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 Term of the Supreme Court

of the State of New York for the 2nd, 11th & 13th judicial Districts

MICHELLE WESTON, J.P.

THOMAS P. ALIOTTA

MARTIN M. SOLOMON, JJ.

DECISION & ORDER ON MOTION

2011-2776 RI CR
The People of the State of New York, Respondent, v Noland Whistleon, Appellant.

Appeal from a judgment of conviction of the Criminal Court of the City of New York, Richmond County, rendered August 16, 2011.

On the court's own motion, and upon the death of appellant on January 21, 2014, it is

ORDERED that the appeal is dismissed and the matter is remitted to the Criminal Court for entry of an order vacating the judgment of conviction and dismissing the accusatory instrument pursuant to People v Mintz (20 NY2d 770 [1967]).

ENTER:

Paul Kenny

Chief Clerk