| People of State of New York v Henri Martin |
| Motion No: 2018-01500 DCR |
| Slip Opinion No: 2018 NY Slip Op 91359(U) |
| Decided on December 10, 2018 |
| Appellate Term, 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. |
of the State of New York for the 9th & 10th Judicial Districts
ANTHONY MARANO, P.J.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Henri Martin, Appellant. |
Motion by the Dutchess County Public Defender to dismiss an appeal from a judgment of conviction of the Justice Court of the Town of Red Hook, Dutchess County, rendered May 24, 2018, on the ground that it abated upon appellant's death. The appeal was dismissed by order of this court dated October 15, 2018 for failure to perfect.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED, on the court's own motion, that the order of this court dated October 15, 2018 is recalled and vacated, the appeal is dismissed on the ground that it abated upon appellant's death, and the matter is remitted to the Justice Court for further proceedings consistent with People v Matteson (75 NY2d 745 [1989]) and People v Mintz (20 NY2d 770 [1967]); and it is further,
ORDERED that the motion by the Dutchess County Public Defender is denied as moot.
ENTER:
Paul Kenny
Chief Clerk