People v Rivera, Tialihia
Motion No: 2018-03540
Slip Opinion No: 2022 NY Slip Op 61212(U)
Decided on February 2, 2022
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M281303

AFA/

MARK C. DILLON, J.P.

BETSY BARROS

VALERIE BRATHWAITE NELSON

LINDA CHRISTOPHER, JJ.

2018-03540, 2019-04753

The People, etc., respondent,

v Tialihia Rivera, appellant.

(Ind. Nos. 2014-00240, 2015-00328)

DECISION & ORDER ON MOTION

Motion by the appellant's assigned counsel to abate appeals from two sentences of the County Court, Rockland County, both imposed March 6, 2018, upon the death of the appellant on July 17, 2021.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion to abate the appeals is granted, the appeals are dismissed, and the matter is remitted to the County Court, Rockland County, for further proceedings consistent with People v Mintz (20 NY2d 770).

DILLON, J.P., BARROS, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court