People v Justin Mclean.

Motion No: 101647

Slip Opinion No: 2009 NY Slip Op 70458(U)

Decided on April 10, 2009

Appellate Division, Third 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.

Decided and Entered: April 10, 2009

Case # 101647

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JUSTIN McLEAN, Appellant.

DECISION AND ORDER ON MOTION

Motion to dismiss appeal from judgment of conviction and remit matter to County Court for further proceedings.

Upon the papers filed in support of the motion, and no papers having been filed in opposition thereto, it is

ORDERED that the motion is granted upon the ground that the criminal prosecution has abated by reason of defendant's death (see People v Castro, 84 NY2d 976 [1994]), and it is further

ORDERED that the matter is remitted to Clinton County Court to vacate the judgment of conviction and dismiss the accusatory instrument sua sponte or on application by the District Attorney or the attorney who appeared for defendant (see People v Matteson, 75 NY2d 745 [1989]; People v Mintz, 20 NY2d 753, 754, [1967], 20 NY2d 770, 771 [1967]; People v Pratt, 73 AD2d 698 [1979]).
PETERS, J.P., ROSE, LAHTINEN, KANE and STEIN, JJ., concur.
ENTER:

Michael J. Novack
Clerk of the Court