| PEOPLE V LIQUORI MILLS |
| Motion No: KA 07-00927 |
| Slip Opinion No: 2007 NYSlipOp 79843(U) |
| Decided on September 28, 2007 |
| Appellate Division, Fourth 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. |
PRESENT: SCUDDER, P.J., HURLBUTT, GORSKI, MARTOCHE, AND SMITH, JJ.
KA 07-00927
Indictment No: 02447-2006
| PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v LIQUORI MILLS, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on April 3, 2007, on the ground that appellant is now deceased,
Now, upon reading and filing the affidavit of Barbara J. Davies, sworn to September 4, 2007, the notice of motion with proof of service thereof, the letter of J. Michael Marion, dated September 6, 2007, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be and the same hereby is granted, and the appeal is dismissed.
Memorandum: Appeal unanimously dismissed and matter remitted to Supreme Court to vacate the judgment of conviction and dismiss the indictment either sua sponte or on application of either the District Attorney or counsel for defendant (see People v Matteson, 75 NY2d 745).
Entered: September 28, 2007
JoAnn M. Wahl, Clerk