People v Battle, Kalinka
2026 NY Slip Op 68198(U)
May 13, 2026
Appellate Division, Second 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, etc., respondent,
v
Kalinka Battle, appellant.
Supreme Court of the State of New York, Appellate Division : Second Judicial Department
May 13, 2026
2023-09624, 73261/2023
Mark C. Dillon, J.P.
Lillian Wan
Janice A. Taylor
Susan Quirk, JJ.
[*1]DECISION & ORDER ON MOTION
Appeal from a judgment of the Supreme Court, Kings County, rendered October 10, 2023. Motion by the appellant's assigned counsel, inter alia, to abate the appeal upon the death of the appellant on December 30, 2023.
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, Kings County, for further proceedings consistent with People v Mintz (20 NY2d 770); and it is further,
ORDERED that the motion is otherwise denied.
DILLON, J.P., WAN, TAYLOR and QUIRK, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court