Appellate Division of the Supreme Court of New York, 1990

People v. Jenkins

People v. Jenkins
Appellate Division of the Supreme Court of New York · Decided November 13, 1990
167 A.D.2d 422; 562 N.Y.S.2d 452; 1990 N.Y. App. Div. LEXIS 13633
People v. Jenkins

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Opinion of the Court

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Browne, J.), rendered October 12, 1988, convicting him of assault in the third degree and resisting arrest, upon a jury verdict, and imposing sentence.

Ordered that the appeal is dismissed as academic, the judgment is vacated and the indictment is dismissed.

The defendant died during the pendency of this appeal, and the action abated (see, People v Mintz, 20 NY2d 753, mod 20 NY2d 770). Mangano, P. J., Thompson, Lawrence and O’Brien, JJ., concur.

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