| People v Cruz, Jose |
| Motion No: 2019-06649 |
| Slip Opinion No: 2023 NY Slip Op 76433(U) |
| Decided on November 8, 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
M292205
KS/
VALERIE BRATHWAITE NELSON, J.P.
ROBERT J. MILLER
LARA J. GENOVESI
LILLIAN WAN, JJ.
|
2019-06649 The People, etc., respondent, v Jose Cruz, appellant. (Ind. No. 1504/2018)
| DECISION & ORDER ON MOTION |
Appeal from a judgment of the County Court, Suffolk County, rendered May 16, 2019. Motion by the respondent to abate the appeal upon the death of the appellant on August 19, 2022.
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 County Court, Suffolk County, for further proceedings consistent with People v Mintz (20 NY2d 770).
BRATHWAITE NELSON, J.P., MILLER, GENOVESI and WAN, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court