People v Malik Campbell .

Motion No: M-779

Slip Opinion No: 2020 NYSlipOp 65999(U)

Decided on May 7, 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.

May 7, 2020

The People of the State of New York,

Respondent,

v

Malik Campbell,

Defendant-Appellant.

An order of this Court having been entered on October 17, 2017 (M-5008), inter alia, assigning Seymour W. James, Esq., predecessor to Janet E. 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 February 2, 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

November 3, 2017, and remanding the matter to the Supreme Court, New York County, for further proceedings to vacate the judgment of conviction and to dismiss the indictment.ENTERED: May 7, 2020

_____________________ CLERK

Present - Hon. Dianne T. Renwick, Justice Presiding, Jeffrey K. Oing Anil C. Singh Peter H. Moulton, Justices

M-779

Ind. No. 3041/16