| People of State of New York v Agosto |
| Motion No: 2021-07494 |
| Slip Opinion No: 2023 NY Slip Op 69182(U) |
| Decided on June 23, 2023 |
| 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
M289663
AFA/
VALERIE BRATHWAITE NELSON, J.P.
JOSEPH J. MALTESE
WILLIAM G. FORD
BARRY E. WARHIT, JJ.
|
2021-07494 People of State of New York, respondent, v Jose Agosto, appellant.
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Suffolk County, dated September 16, 2021. Motion by the appellant's assigned counsel to dismiss the appeal, in effect, on the ground that it has been rendered academic by the appellant's death on November 18, 2021.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied, with leave to renew, upon proper papers, including a copy of the appellant's death certificate.
BRATHWAITE NELSON, J.P., MALTESE, FORD and WARHIT, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court