People v Mohammed Ali

Motion No: M-509

Slip Opinion No: 2019 NYSlipOp 64163(U)

Decided on February 28, 2019

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.

February 28, 2019

The People of the State of New York,

Respondent,

v

Mohammed Ali,

Defendant-Appellant.

An order of this Court having been entered on February 26, 2015 (M-324), inter alia, granting defendant leave to prosecute, as a poor person, the appeal taken from the judgment of the Supreme Court, New York County, rendered on or about December 18, 2014, and assigning Richard M. Greenberg, Esq., predecessor to Christina Swarns, Esq., Office of the Appellate Defender, as counsel to prosecute said appeal, And counsel for defendant-appellant 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, or in the alternative, for an order relieving Christina Swarns, Esq., successor to Richard M. Greenberg, as counsel and dismissing the appeal without prejudice,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 relieving Christina Swarns, successor to Richard M. Greenberg, Esq., Office of the Appellate Defender, as assigned counsel to prosecute defendant's appeal, and deeming the appeal dismissed. ENTERED: February 28, 2019

_____________________ CLERK

Present - Hon. Angela M. Mazzarelli,Justice Presiding, Troy K. Webber Jeffrey K. Oing Peter H. Moulton Justices

M-509

Ind. No. 1147/13