People v Tyrece Martin .

Motion No: M-2470

Slip Opinion No: 2019 NYSlipOp 75135(U)

Decided on July 16, 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.

July 16, 2019

The People of the State of New York,

Respondent,

Confidential

v

Tyrece Martin,

Defendant-Appellant.

An order of this Court having been entered on

October 2, 2018 (M-4055), inter alia, assigning Robert S. Dean, Esq., Center for Appellate Litigation, as counsel to prosecute defendant's appeal from a judgment of the Supreme Court, New York County, rendered on or about November 21, 2017, And 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

February 14, 2019, and remanding the matter to the Supreme Court, New York County, for further proceedings. ENTERED: July 16, 2019

_____________________ CLERK

Present - Hon. Dianne T. Renwick, Justice Presiding, Sallie Manzanet-Daniels Troy K. Webber Jeffrey K. Oing, Justices

M-2470

Ind. No. 4736/16