| THE PEOPLE V ABDUL GHANI, ALSO KNOWN AS ABDUL GHANI HUSSEIN |
| Motion No: KA 20-01463 |
| Slip Opinion No: 2023 NY Slip Op 74390(U) |
| Decided on September 29, 2023 |
| Appellate Division, Fourth 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. |
PRESENT: WHALEN, P.J., SMITH, LINDLEY, CURRAN, AND BANNISTER, JJ.
KA 20-01463
Indictment No: 00943D-2020/S45595
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V ABDUL GHANI,
ALSO KNOWN AS ABDUL GHANI HUSSEIN, DEFENDANT-APPELLANT. |
Counsel for appellant having moved to dismiss the appeal taken herein from a judgment of the Supreme Court, Erie County, rendered October 1, 2020, 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, and there being no opposition thereto,
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: September 29, 2023
Ann Dillon Flynn
Clerk of the Court