People v Sostre

People v Sostre 2013 NY Slip Op 07861 Decided on November 26, 2013 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on November 26, 2013
Friedman, J.P., Renwick, Freedman, Feinman, JJ. 11184 &
4730/09 -5661

[*1]The People of the State of New York, Respondent,

v

Michael Sostre, Defendant-Appellant.




Robert S. Dean, Center for Appellate Litigation, New York (Jan
Hoth of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Patricia
Curran of counsel), for respondent.

Appeal from judgment, Supreme Court, New York County (A. Kirke Bartley, Jr., J.), rendered January 19, 2011, convicting defendant, after a jury trial, of two counts of assault in the first degree, and sentencing him, as a second felony offender, to concurrent terms of 12 years, unanimously dismissed, and the matter remanded to Supreme Court for proceedings to vacate the judgment and dismiss the indictment (see People v Matteson, 75 NY2d 745 [1989]; People v Mintz, 20 NY2d 753, 770 [1967]).

M-5661 - People v Sostre

Motion seeking to abate appeal due to death granted.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: NOVEMBER 26, 2013

CLERK