People v Herman Brisbane .

Motion No: M-4536

Slip Opinion No: 2017 NYSlipOp 63011(U)

Decided on January 24, 2017

Appellate Division, First 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.

January 24, 2017

The People of the State of New York,

Respondent,

v

Herman Brisbane,

Defendant-Appellant.

An order of this Court having been entered on October 7, 2014 (M-3608), inter alia, granting defendant leave to prosecute, as a poor person, the appeal from the order of the Supreme Court, Bronx County, entered on or about June 11, 2014, And counsel having moved for an order abating the appeal by reason of appellant's death, remanding the matter to the trial court to vacate the judgment of conviction, and dismissing the indictment, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is granted to the extent of dismissing the appeal due to appellant's death on October 23, 2014, and is otherwise denied.ENTERED: January 24, 2017

_____________________ CLERK

Present - Hon. Rosalyn H. Richter, Justice Presiding, Angela M. Mazzarelli Sallie Manzanet-Daniels Paul G. Feinman,Justices

M-4536

Ind. No. 612/68