| People v Pellot, Joneal |
| Motion No: 2019-12369 |
| Slip Opinion No: 2024 NY Slip Op 63085(U) |
| Decided on February 26, 2024 |
| 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
M294448
AFA/
BETSY BARROS, J.P.
CHERYL E. CHAMBERS
DEBORAH A. DOWLING
BARRY E. WARHIT, JJ.
|
2019-12369 The People, etc., respondent, v Joneal Pellot, appellant. (Ind. No. 176/2019)
| DECISION & ORDER ON MOTION |
Appeal from a judgment of the Supreme Court, Queens County, rendered September 12, 2019. Motion by the appellant's assigned counsel, inter alia, to abate the appeal upon the death of the appellant on November 9, 2020.
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, Queens County, for further proceedings consistent with People v Mintz (20 NY2d 770); and it is further,
ORDERED that the motion is otherwise denied.
BARROS, J.P., CHAMBERS, DOWLING and WARHIT, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court