| People of State of New York v Amir Cooke-mercado |
| Motion No: 2015-00180 KCR |
| Slip Opinion No: 2017 NY Slip Op 88731(U) |
| Decided on October 5, 2017 |
| Appellate Term, 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Amir Cooke-Mercado, Appellant. |
Motion by Lynn W.L. Fahey, counsel assigned to represent appellant on an appeal from judgments of conviction of the Criminal Court of the City of New York, Kings County, rendered December 10, 2014, to, among other things, abate the appeal upon the death of appellant on June 17, 2017.
Upon the papers filed in support of the motion and the papers filed in response thereto, it is
ORDERED that the motion is granted to the extent that the appeal is dismissed, and the matter is remitted to the Criminal Court for further proceedings consistent with People v Matteson (75 NY2d 745 [1989]) and People v Mintz (20 NY2d 770 [1967]).
ENTER:
Paul Kenny
Chief Clerk