People v St. Hubert, Daniel
Motion No: 2018-08417
Slip Opinion No: 2025 NY Slip Op 68089(U)
Decided on May 5, 2025
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

M304862

AFA/

MARK C. DILLON, J.P.

VALERIE BRATHWAITE NELSON

HELEN VOUTSINAS

PHILLIP HOM, JJ.

2018-08417

The People, etc., respondent,

v Daniel St. Hubert, appellant.

(Ind. No. 4514/2014)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Kings County, rendered May 22, 2018. Motion by the appellant's assigned counsel, inter alia, to abate the appeal upon the death of the appellant on December 17, 2024.

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, Kings County, for further proceedings consistent with People v Mintz (20 NY2d 770); and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., BRATHWAITE NELSON, VOUTSINAS and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court