| THE PEOPLE V KEVIN DUNN SCI No: 31096 |
| Motion No: KA 09-00597 |
| Slip Opinion No: 2010 NY Slip Op 71267(U) |
| Decided on April 30, 2010 |
| 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., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.
KA 09-00597
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V KEVIN DUNN,
DEFENDANT-APPELLANT. SCI No: 31096 |
Counsel for appellant having moved to dismiss the appeal taken from a judgment of the Erie County Court, rendered March 2, 2009, on the ground that appellant has died during pendency of the appeal,
Now, upon reading and filing the affirmation of Michael C. Walsh, Esq., dated March 24, 2010, the notice of motion with proof of service thereof, a certified copy of appellant's death certificate and the statement of Donna A. Milling, Esq., dated March 26, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion 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: April 30, 2010
Patricia L. Morgan, Clerk