People v Juan MarinFlores .

Motion No: M-914

Slip Opinion No: 2020 NYSlipOp 65499(U)

Decided on April 16, 2020

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.

April 16, 2020

The People of the State of New York,

Respondent,

v

Juan Marin-Flores,

Defendant-Appellant.

An order of this Court having been entered on September 15, 2015 (M-3744), inter alia, assigning Seymour W. James, Jr., Esq., predecessor to Janet Sabel, Esq., The Legal Aid Society, as counsel to prosecute defendant's appeal from a judgment of the Supreme Court, New York County, rendered on or about April 24, 2015, and said appeal having been perfected, And assigned counsel having moved for an order abating the appeal by reason of appellant's death and remanding the matter to the trial court to vacate the judgment of conviction and dismiss 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 September 21, 2019, and remanding the matter to the Supreme Court, New York County, for further proceedings.ENTERED: April 16, 2020

_____________________ CLERK

PRESENT: Hon. Dianne T. Renwick, Justice Presiding, Rosalyn H. Richter Angela M. Mazzarelli Anil C. Singh, Justices

M-914

Ind. No. 3420/12