| PEOPLE V DONALD SIGSBEE |
| Motion No: KA 04-01832 |
| Slip Opinion No: 2009 NY Slip Op 92790(U) |
| Decided on December 30, 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 04-01832
Indictment No: 2003-0362-1
| PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DONALD SIGSBEE,
DEFENDANT-APPELLANT. |
Counsel for appellant having moved to dismiss the appeal taken from a judgment of the Onondaga County Court, rendered April 20, 2004, on the ground that appellant has died during the pendency of the appeal,
Now, upon reading and filing the affirmation of Gary T. Kelder, dated November 6, 2009, the notice of motion with proof of service thereof, the responding affirmation of James P. Maxwell, dated November 19, 2009,
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 30, 2009
Patricia L. Morgan, Clerk