People v Anthony Jenkins .

Motion No: M-4951

Slip Opinion No: 2018 NYSlipOp 89442(U)

Decided on November 27, 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.

November 27, 2018

The People of the State of New York,

Respondent,

v

Anthony Jenkins,

Defendant-Appellant.

An order of this Court having been entered on December 10, 2015 (M-4466), inter alia, striking the designation of assigned counsel The Legal Aid Society and substituting the Office of the Appellate Defender, as counsel to prosecute defendant's appeal from a judgment of the Supreme Court, New York County, rendered on or about July 2, 2015, and continuing the previously granted poor person relief, 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 to abate the appeal is granted and the matter is remanded to the Supreme Court, New York County, to vacate the Judgment of conviction and to dismiss the indictment (New York Co. Ind. No. 4318/12) by reason of the death of the defendant on July 18, 2018. ENTERED: November 27, 2018

_____________________ CLERK

Present - Hon. John W. Sweeny Jr., Justice Presiding, Sallie Manzanet-Daniels Judith J. Gische Ellen Gesmer Anil C. Singh, Justices

M-4951

Ind. No. 4318/12