People v Henry Leal Case No. 30989C/11 .

Motion No: M-5847

Slip Opinion No: 2017 NYSlipOp 63580(U)

Decided on February 7, 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.

February 7, 2017

The People of the State of New York,

Respondent,

v

Henry Leal, Case No. 30989C/11

Defendant-Appellant.

An order of this Court having been entered on February 13, 2014 (M-111), inter alia, assigning Steven Banks, Esq., predecessor to Seymour W. James, Esq., as counsel to prosecute defendant's appeal from a judgment of the Supreme Court, Bronx County, rendered on September 19, 2013, 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 November 18, 2015, and remanding the matter to the Supreme Court, New York County, for further proceedings.ENTERED: February 7, 2017

_____________________ CLERK

PRESENT: Hon. Peter Tom,Justice Presiding, David Friedman John W. Sweeny, Jr. Rolando T. Acosta,Justices

M-5847

Ind. No. 1794/11