People v Eugene Heath .

Motion No: M-25

Slip Opinion No: 2017 NYSlipOp 67178(U)

Decided on March 15, 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.

March 15, 2017

The People of the State of New York,

Respondent,

v

Eugene Heath,

Defendant-Appellant.

An order of this Court having been entered on April 23, 2015 (M-1206), inter alia, assigning Robert S. Dean, Esq., as counsel to prosecute defendant's appeal from a judgment of the Supreme Court, New York County, rendered on or about November 5, 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 July 9, 2016, and remanding the matter to the Supreme Court, New York County, for further proceedings.ENTERED: March 15, 2017

_____________________ CLERK

Present - Hon. David Friedman,Justice Presiding, Richard T. Andrias Karla Moskowitz Barbara R. Kapnick Marcy L. Kahn,Justices

M-25

Ind. No. 5801/13