| People v Hernandez, David A. |
| Motion No: 2015-05137 |
| Slip Opinion No: 2017 NY Slip Op 77575(U) |
| Decided on June 20, 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. |
Appellate Division: Second Judicial Department
M232959
E/afa
CHERYL E. CHAMBERS, J.P.
ROBERT J. MILLER
SYLVIA O. HINDS-RADIX
HECTOR D. LASALLE, JJ.
|
2015-05137 The People, etc., respondent, v David A. Hernandez, appellant. (Ind. No. 118N/14)
| DECISION & ORDER ON MOTION |
Motion by the appellant's assigned counsel, inter alia, to abate an appeal from a judgment of the Supreme Court, Westchester County, rendered July 21, 2015, upon the death of the appellant.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the branch of the motion which is to abate the appeal is granted, the appeal is dismissed, and the matter is remitted to the Supreme Court, Westchester County, for further proceedings consistent with People v Mintz (20 NY2d 770); and it is further,
ORDERED that the motion is otherwise denied.
CHAMBERS, J.P., MILLER, HINDS-RADIX and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court