People v Williams, Derrick L.
Motion No: 2017-12506
Slip Opinion No: 2019 NY Slip Op 76083(U)
Decided on July 25, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M264737

kbp/

RUTH C. BALKIN, J.P.

JOSEPH J. MALTESE

COLLEEN D. DUFFY

LINDA CHRISTOPHER, JJ.

2017-12506

The People, etc., respondent,

v Derrick L. Williams, appellant.

(Ind. No. 2318/16)

DECISION & ORDER ON MOTION

Motion by the appellant's assigned counsel, inter alia, to discontinue an appeal from a judgment of the County Court, Suffolk County, rendered September 27, 2017, as a result of the appellant's death on November 1, 2018.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is granted to the extent that 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), and the motion is otherwise denied.

BALKIN, J.P., MALTESE, DUFFY and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court