People v Jonathan Halyard .

Motion No: M-1453

Slip Opinion No: 2020 NYSlipOp 68095(U)

Decided on July 2, 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.

July 2, 2020

The People of the State of New York,

Respondent,

v

Jonathan Halyard,

Defendant-Appellant.

An order of this Court having been entered on or about April 7, 2016 (M-1188), inter alia, assigning Steven Banks, Esq., predecessor counsel 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 or about November 17, 2015, And assigned counsel having moved for an order abating the appeal by reason of appellant's death on October 8, 2017, and remanding the matter to the trial court to vacate the judgment of conviction, and to 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, and remanding the matter to the Supreme Court, New York County, for further proceedings.ENTERED: July 2, 2020

_____________________ CLERK

Present - Hon. Rosalyn H. Richter, Justice Presiding, Sallie Manzanet-Daniels Barbara R. Kapnick Cynthia S. Kern Jeffrey K. Oing, Justices

M-1453

Ind. No. 2948/15