| People v Edwards, Daryl |
| Motion No: 2022-09945 |
| Slip Opinion No: 2024 NY Slip Op 63178(U) |
| Decided on February 28, 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
M294512
AFA/
COLLEEN D. DUFFY, J.P.
LINDA CHRISTOPHER
LARA J. GENOVESI
LOURDES M. VENTURA, JJ.
|
2022-09945 The People, etc., respondent, v Daryl Edwards, appellant. (Ind. No. 72788/2022)
| DECISION & ORDER ON MOTION |
Appeal from a judgment of the Supreme Court, Queens County, rendered November 22, 2022. Motion by the appellant's assigned counsel, inter alia, to abate the appeal upon the death of the appellant on May 31, 2023.
Upon the papers filed in support of the motion and no papers filed in opposition or 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.
DUFFY, J.P., CHRISTOPHER, GENOVESI and VENTURA, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court