| People v Shim, Benjamin |
| Motion No: 2019-02513 |
| Slip Opinion No: 2022 NY Slip Op 69386(U) |
| Decided on August 1, 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. |
Appellate Division: Second Judicial Department
M284202
MB/
COLLEEN D. DUFFY, J.P.
JOSEPH J. MALTESE
LARA J. GENOVESI
JANICE A. TAYLOR, JJ.
|
2019-02513 The People, etc., respondent, v Benjamin Shim, appellant. (Ind. No. 5904/2017)
| DECISION & ORDER ON MOTION |
Appeal from a judgment of the Supreme Court, Kings County, dated February 13, 2019. Motion by the appellant's assigned counsel to abate the appeal upon the death of the appellant on August 11, 2021, and to remand the matter to vacate the judgment of conviction.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion 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).
DUFFY, J.P., MALTESE, GENOVESI and TAYLOR, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court