| THE PEOPLE V LAFAYETTE MELTON |
| Motion No: KA 09-00209 |
| Slip Opinion No: 2009 NY Slip Op 89683(U) |
| Decided on November 13, 2009 |
| 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 09-00209
Indictment No: 02731-2006
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V LAFAYETTE
MELTON, DEFENDANT-APPELLANT. |
Counsel for appellant having moved to dismiss the appeal taken from a judgment of the Erie County Court, rendered January 13, 2009, on the ground that appellant has died during the pendency of the appeal,
Now, upon reading and filing the affidavit of Robert L. Kemp sworn to September 24, 2009, 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 Erie 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: November 13, 2009
Patricia L. Morgan, Clerk