| THE PEOPLE V DUSSIE SAPI |
| Motion No: KA 08-00476 |
| Slip Opinion No: 2008 NYSlipOp 86369(U) |
| Decided on October 3, 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: HURLBUTT, J.P., CENTRA, PERADOTTO, GREEN, AND GORSKI, JJ.
KA 08-00476
Indictment No: 2006-032
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DUSSIE
SAPI, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Oneida County Court, rendered October 10, 2006, on the ground that appellant has died during the pendency of the appeal,
Now, upon reading and filing the affirmation of Steven G. Cox, dated August 11, 2008, the notice of motion with proof of service thereof, a certified copy of appellant's death certificate, 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 Oneida 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: October 3, 2008
JoAnn M. Wahl, Clerk