| PEOPLE V RICHARD BONAPARTE |
| Motion No: KA 05-00365 |
| Slip Opinion No: 2007 NYSlipOp 87352(U) |
| Decided on December 21, 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 05-00365
Indictment No: 85-226-1
| PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V RICHARD
BONAPARTE, DEFENDANT-APPELLANT. |
Counsel for appellant having moved to dismiss the appeal taken from a judgment of the Onondaga County Court entered in the Office of the Clerk of the County of Onondaga on October 23, 1985, on the ground that appellant is now deceased,
Now, upon reading and filing the affirmation of Mary P. Davison, dated November 14, 2007, the notice of motion with proof of service thereof, and there being no opposition thereto,
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 Onondaga County 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: December 21, 2007
JoAnn M. Wahl, Clerk