People v Brown, Gregory
Motion No: 2016-03343
Slip Opinion No: 2017 NY Slip Op 72940(U)
Decided on May 5, 2017
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

M230500

E/afa

RANDALL T. ENG, P.J.

MARK C. DILLON

L. PRISCILLA HALL

SHERI S. ROMAN, JJ.

2016-03343

The People, etc., respondent,

v Gregory Brown, appellant.

(Ind. No. 1787/80)

DECISION & ORDER ON MOTION

Application by the appellant for a writ of error coram nobis to vacate, on the ground of ineffective assistance of appellate counsel, a decision and order of this Court dated June 30, 1986 (People v Brown, 121 AD2d 732), affirming a judgment of the Supreme Court, Kings County, rendered November 20, 1981, as amended December 3, 1981. Motion by the respondent to abate the appeal based upon the appellant's death on January 30, 2017.

ORDERED that the application is dismissed upon the ground that the application abated upon the appellant's death (cf. Matter of Charles C.E., 129 AD3d 721); and it is further,

ORDERED that the motion is denied.

ENG, P.J., DILLON, HALL and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court