People v Carlos Osorio .

Motion No: M-4998

Slip Opinion No: 2018 NYSlipOp 89613(U)

Decided on November 29, 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 29, 2018

The People of the State of New York,

Respondent,

v

Carlos Osorio,

Defendant-Appellant.

An order of this Court having been entered on November 3, 2016 (M-4802), inter alia, assigning Richard M. Greenberg, Esq. predecessor counsel to Christina Swarns, Esq., Office of the Appellate Defender, as counsel to prosecute defendant's appeal from a judgment of the Supreme Court, Bronx County, rendered on or about March 24, 2016, And counsel having moved for an order abating the appeal by reason of appellant's death on April 12, 2018, 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, Bronx County, to vacate the judgment of conviction and dismiss the indictment. The appeal from the aforesaid conviction is dismissed. ENTERED: November 29, 2018

_____________________ CLERK

Present - Hon. Rolando T. Acosta, Presiding Justice, David Friedman Sallie Manzanet-Daniels Troy K. Webber Anil C. Singh,Justices

M-4998

Ind. No. 446/16