| People of State of New York v Benison Mamodev |
| Motion No: 2023-01280 KCR |
| Slip Opinion No: 2024 NY Slip Op 68621(U) |
| Decided on May 10, 2024 |
| Appellate Term, 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. |
of the State of New York for the 2nd, 11th & 13th Judicial Districts
WAVNY TOUSSAINT, P.J.
MARINA CORA MUNDY
LISA S. OTTLEY, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Benison Mamodev, Appellant. |
Motion by appellant for an order abating the appeal upon the death of the appellant and vacating the judgment of conviction of the Criminal Court of the City of New York, Kings County, rendered October 4, 2023.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the appeal is dismissed on the ground that it abated upon appellant's death, and the matter is remitted to the Criminal Court of the City of New York, Kings County for further proceedings consistent with People v Matteson (75 NY2d 745 [1989]) and People v Mintz (20 NY2d 770 [1967]).
ENTER:
Paul Kenny
Chief Clerk