| People v O'Neill, Rufino |
| Motion No: 2005-10366 |
| Slip Opinion No: 2006 NYSlipOp 81889(U) |
| Decided on December 13, 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
M48008
F/
STEPHEN G. CRANE, J.P.
REINALDO E. RIVERA
ROBERT A. LIFSON
MARK C. DILLON, JJ.
|
2005-10366 The People, etc., respondent, v Rufino O'Neill, appellant. (Ind. No. 05-00593)
| DECISION & ORDER ON MOTION |
Motion by assigned counsel to dismiss an appeal from a judgment of the County Court, Orange County, rendered October 27, 2005, upon the death of appellant on May 19, 2006.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, the appeal is dismissed, and the matter is remitted to the County Court, Orange County, for entry of an order vacating the judgment and dismissing the indictment pursuant to People v Mintz (see 20 NY2d 770).
CRANE, J.P., RIVERA, LIFSON, and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court