THE PEOPLE V MARQUES GARRETT
2026 NY Slip Op 67674(U)
April 24, 2026
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
This motion is uncorrected and is not subject to publication in the Official Reports.
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v
MARQUES GARRETT, DEFENDANT-APPELLANT.
Supreme Court of the State of New York, Appellate Division : Fourth Judicial Department
April 24, 2026
KA 24-01571 Indictment No: 00657-2022
Present: Whalen, P.J., Lindley, Curran, Bannister, And Montour, JJ.
[*1]Counsel for appellant having moved to dismiss the appeal taken herein from a judgment of the Supreme Court, Erie County, rendered October 17, 2023, on the ground that appellant has died during the pendency of the appeal,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed, and
It is further ORDERED that the matter is remitted to Supreme Court, Erie County, to vacate the judgment of conviction and dismiss the indictment (see People v Matteson, 75 NY2d 745, 747 [1989]).
Entered: April 24, 2026
Ann Dillon Flynn
Clerk of the Court