| People v Honghirun, Nirun |
| Motion No: 2012-05699 |
| Slip Opinion No: 2018 NY Slip Op 69961(U) |
| Decided on April 17, 2018 |
| 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
M248868
E/afa
JOHN M. LEVENTHAL, J.P.
JEFFREY A. COHEN
COLLEEN D. DUFFY
HECTOR D. LASALLE, JJ.
|
2012-05699
The People, etc., respondent, v Nirun Honghirun, appellant. (Ind. No. 1092/11)
| DECISION & ORDER ON MOTION |
Application by the appellant pro se 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 November 25, 2015, which was affirmed by the Court of Appeals on June 8, 2017 (People v Honghirun, 133 AD3d 882, affd 29 NY3d 284), which determined an appeal from a judgment of the Supreme Court, Queens County, rendered June 7, 2012. Motion by the appellant's former assigned counsel to vacate the judgment of conviction and dismiss the indictment, upon the appellant's death on January 19, 2018.
Upon the papers filed in support of the application and the papers filed in opposition and in relation thereto, and upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
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 (see People v Marin, 88 NY2d 931).
LEVENTHAL, J.P., COHEN, DUFFY and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court