| People v Gatica, Jose |
| Motion No: 2017-04837 |
| Slip Opinion No: 2020 NY Slip Op 65694(U) |
| Decided on April 27, 2020 |
| 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
M270606
kbp/
LEONARD B. AUSTIN, J.P.
JOHN M. LEVENTHAL
ROBERT J. MILLER
LINDA CHRISTOPHER, JJ.
|
2017-04837 The People, etc., respondent, v Jose Gatica, appellant. (Ind. No. 6382/16)
| DECISION & ORDER ON MOTION |
Motion by the appellant's assigned counsel to abate an appeal from a judgment of the Supreme Court, Kings County, rendered April 18, 2017, as a result of the appellant's death on November 5, 2019.
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 Supreme Court, Kings County, for further proceedings consistent with People v Mintz (20 NY2d 770).
AUSTIN, J.P., LEVENTHAL, MILLER and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court