People v Martinez, Danty
Motion No: 2012-05961
Slip Opinion No: 2014 NY Slip Op 79963(U)
Decided on August 7, 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

M178122

S/sl

RUTH C. BALKIN, J.P.

LEONARD B. AUSTIN

HECTOR D. LASALLE

BETSY BARROS, JJ.

2012-05961

The People, etc., respondent,

v Danty Martinez, appellant.

(Ind. No. 11-00545)

DECISION & ORDER ON MOTION

Appeal by the defendant from a judgment of the County Court, Orange County, rendered June 14, 2012. The appellant died on March 21, 2014.

Now, on the Court's own motion, it is

ORDERED 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).

BALKIN, J.P., AUSTIN, LASALLE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court