| PEOPLE V ELTEADRO SCOTT |
| Motion No: KA 05-02075 |
| Slip Opinion No: 2008 NYSlipOp 70668(U) |
| Decided on April 25, 2008 |
| 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, MARTOCHE, SMITH, AND CENTRA, JJ.
KA 05-02075
SCI No: 2005-3825
| PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V ELTEADRO
SCOTT, DEFENDANT-APPELLANT. |
Counsel for appellant having moved to dismiss the appeal taken from a judgment of the Monroe County Court entered in the Office of the Clerk of the County of Monroe on August 15, 2005, on the ground that appellant has died during the pendency of the appeal,
Now, upon reading and filing the affirmation of Janet C. Somes, dated March 17, 2008, the notice of motion with proof of service thereof, a certified copy of appellant's death certificate, and there being no opposition thereto, 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 Monroe 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: April 25, 2008
JoAnn M. Wahl, Clerk