People v Alomar, Angel
Motion No: 2012-06124
Slip Opinion No: 2014 NY Slip Op 76330(U)
Decided on June 25, 2014
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

M175504

T/ct

L. PRISCILLA HALL, J.P.

SHERI S. ROMAN

COLLEEN D. DUFFY

HECTOR D. LASALLE, JJ.

2012-06124

The People, etc., respondent,

v Angel Alomar, appellant.

(Ind. No. 57/06)

DECISION & ORDER ON MOTION

Motion by the appellant's assigned counsel to dismiss an appeal from a resentence of the County Court, Orange County, imposed May 15, 2012, upon the death of the appellant on September 16, 2013.

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 County Court, Orange County, for any proceedings pursuant to People v Mintz (20 NY2d 770) with respect to the resentence imposed May 15, 2012, if warranted.

HALL, J.P., ROMAN, DUFFY and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court