People v Edward Pulley .

Motion No: M-1103

Slip Opinion No: 2018 NYSlipOp 71971(U)

Decided on May 10, 2018

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 10, 2018

The People of the State of New York,

Respondent,

v

Edward Pulley,

Defendant-Appellant.

An order of this Court having been entered on February 7, 2017 (M-5470), inter alia, assigning Rosemary Herbert, Esq., predecessor counsel to Christina Swarns, Esq., Office of the Appellate Defender, as counsel to prosecute defendant's appeal taken from a judgment of the Supreme Court, New York County, rendered on or about November 2, 2015, And assigned 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 remanding the matter to the Supreme Court, New York County, to vacate the judgment of conviction and dismiss the indictment by reason of defendant's death on May 22, 2017. ENTERED: May 10, 2018

_____________________ CLERK

Present: Hon. Dianne T. Renwick, Justice Presiding, Richard T. Andrias Marcy L. Kahn Ellen Gesmer Cynthia S. Kern, Justices

M-1103

Ind. No. 839/15