People v Joseph Petrucelli .

Motion No: M-907

Slip Opinion No: 2019 NYSlipOp 69707(U)

Decided on May 7, 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.

May 7, 2019

The People of the State of New York,

Respondent,

v

Joseph Petrucelli,

Defendant-Appellant.

An order of this Court having been entered on June 14, 2018 (M-1758), inter alia, assigning Seymour W. James, Jr., Esq., The Legal Aid Society, predecessor counsel to Janet E. Sabel, Esq., as assigned counsel to prosecute defendant's appeal from a judgment of the Supreme Court, New York County, rendered on October 31, 2017,And assigned 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 is granted to the extent of dismissing the appeal due to appellant's death on October 15, 2018, and remanding the matter to the Supreme Court, New York County, for further proceedings. ENTERED: May 7, 2019

_____________________ CLERK

Present - Hon. John W. Sweeny, Jr., Justice Presiding, Rosalyn H. Richter Peter Tom Barbara R. Kapnick Jeffrey K. Oing, Justices

M-907

Ind. No. 3182/16