People v Plummer, Edward L.
Motion No: 2022-01823
Slip Opinion No: 2024 NY Slip Op 63187(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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M294511

AFA/

COLLEEN D. DUFFY, J.P.

LINDA CHRISTOPHER

LARA J. GENOVESI

LOURDES M. VENTURA, JJ.

2022-01823

The People, etc., respondent,

v Edward L. Plummer, appellant.

(Ind. No. 19/2021)

DECISION & ORDER ON MOTION

Appeal from a judgment of the County Court, Dutchess County, rendered February 16, 2022. Motion by the appellant's assigned counsel to abate the appeal upon the death of the appellant on May 30, 2022.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is granted, the appeal is dismissed, and the matter is remitted to the County Court, Dutchess County, for further proceedings consistent with People v Mintz (20 NY2d 770).

DUFFY, J.P., CHRISTOPHER, GENOVESI and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court