| People v Hylton, Jabari |
| Motion No: 2016-00563 |
| Slip Opinion No: 2016 NY Slip Op 95444(U) |
| Decided on December 28, 2016 |
| 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
M223590
E/sl
JOHN M. LEVENTHAL, J.P.
THOMAS A. DICKERSON
LEONARD B. AUSTIN
VALERIE BRATHWAITE NELSON, JJ.
|
2016-00563 The People, etc., respondent, v Jabari Hylton, appellant. (Ind. No. 14-00101)
| DECISION & ORDER ON MOTION |
Motion by the appellant's assigned counsel, inter alia, to discontinue an appeal from a judgment of the Supreme Court, Westchester County, rendered December 2, 2015, as a result of the appellant's death on October 10, 2016.
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 to the extent that the appeal is dismissed and the matter is remitted to the Supreme Court, Westchester County, for further proceedings consistent with People v Mintz (20 NY2d 770), and the motion is otherwise denied.
LEVENTHAL, J.P., DICKERSON, AUSTIN and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court