| People v Carvalho, Treadis |
| Motion No: 2005-07379 |
| Slip Opinion No: 2006 NYSlipOp 79040(U) |
| Decided on November 2, 2006 |
| 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. |
Appellate Division: Second Judicial Department
M46451
F/
HOWARD MILLER, J.P.
GABRIEL M. KRAUSMAN
ROBERT A. SPOLZINO
STEVEN W. FISHER
MARK C. DILLON, JJ.
|
2005-07379 The People, etc., respondent, v Treadis Carvalho, appellant. (Ind. No. 96-00598)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Westchester County, rendered June 28, 2005, upon the death of appellant on September 4, 2006.
Upon the papers filed in support of the motion and no papers having been filed in relation thereto, it is
ORDERED that the motion is granted, the appeal is dismissed, and the matter is remitted to the Supreme Court, Westchester County, for entry of an order vacating the judgment and dismissing the indictment pursuant to People v Mintz (see 20 NY2d 770).
MILLER, J.P., KRAUSMAN, SPOLZINO, FISHER and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court