People v Heriberto Rivera .

Motion No: M-2053

Slip Opinion No: 2018 NYSlipOp 76669(U)

Decided on July 3, 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.

July 3, 2018

The People of the State of New York,

Respondent,

v

Heriberto Rivera,

Defendant-Appellant.

An order of this Court having been entered on March 8, 2016 (M-533), inter alia, assigning The Legal Aid Society as counsel to prosecute defendant's appeal from a judgment of the Supreme Court, New York County, rendered on or about January 23, 2015, 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 remanding the matter to the Supreme Court, New York County, to vacate the judgment of conviction and to dismiss the indictment by reason of defendant's death.ENTERED: July 3, 2018

_____________________ CLERK

Present - Hon. David Friedman,Justice Presiding, Judith J. Gische Peter Tom Cynthia S. Kern Anil C. Singh, Justices

M-2053

Ind. No. 3140/14