| People v Henry, Olurabu |
| Motion No: 2017-01762 |
| Slip Opinion No: 2019 NY Slip Op 64612(U) |
| Decided on March 5, 2019 |
| Appellate Division, 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. |
Appellate Division: Second Judicial Department
M260683
E/sl
REINALDO E. RIVERA, J.P.
RUTH C. BALKIN
CHERYL E. CHAMBERS
ROBERT J. MILLER, JJ.
|
2017-01762 The People, etc., respondent, v Olurabu Henry, appellant. (Ind. No. 779/12)
| DECISION & ORDER ON MOTION |
Motion by the appellant's assigned counsel to abate an appeal from a resentence of the Supreme Court, Kings County, imposed February 21, 2017, upon the death of the appellant on October 7, 2017.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, the appeal is dismissed, and the matter is remitted to the County Court, Suffolk County, for further proceedings consistent with People v Mintz (20 NY2d 770).
RIVERA, J.P., BALKIN, CHAMBERS and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court