| People v Velasco, Javier |
| Motion No: 2019-05506 |
| Slip Opinion No: 2021 NY Slip Op 70367(U) |
| Decided on August 18, 2021 |
| 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
M278697
AFA/
SYLVIA O. HINDS-RADIX, J.P.
LINDA CHRISTOPHER
LARA J. GENOVESI
DEBORAH A. DOWLING, JJ.
|
2019-05506 The People, etc., respondent, v Javier Velasco, appellant. (Ind. No. 2041/2016)
| DECISION & ORDER ON MOTION |
Motion by the appellant's assigned counsel, inter alia, to abate an appeal from a judgment of the Supreme Court, Queens County, rendered December 3, 2018, upon the death of the appellant on March 19, 2021.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the branch of the motion which is to abate the appeal is granted, the appeal is dismissed, and the matter is remitted to the Supreme Court, Queens County, for further proceedings consistent with People v Mintz (20 NY2d 770); and it is further,
ORDERED that the motion is otherwise denied.
HINDS-RADIX, J.P., CHRISTOPHER, GENOVESI and DOWLING, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court