People v Walter Paige .

Motion No: M-1454

Slip Opinion No: 2017 NYSlipOp 74753(U)

Decided on May 25, 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.

May 25, 2017

The People of the State of New York,

Respondent,

v

Walter Paige,

Defendant-Appellant.

An order of this Court having been entered on November 20, 2012 (M-3963), inter alia, assigning Richard M. Greenberg, Esq., predecessor assigned counsel to Rosemary Herbert, Esq., of

the Office of the Appellate Defender, as counsel to prosecute defendant's appeal from the judgment of the Supreme Court,

New York County, rendered on or about April 28, 2011, 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 September 7, 2015, and remanding the matter to the Supreme Court, New York County, for further proceedings.ENTERED: May 25, 2017

_____________________ CLERK

PRESENT - Hon. David Friedman, Justice Presiding, Rosalyn H. Richter Paul G. Feinman Judith J. Gische Ellen Gesmer, Justices

M-1454

Ind. No. 6358/09