| THE PEOPLE V WILLIE L. WILSON, JR. |
| Motion No: KA 09-00386 |
| Slip Opinion No: 2010 NY Slip Op 71284(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 09-00386
Indictment No: 08-04-072
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V WILLIE L.
WILSON, JR., DEFENDANT-APPELLANT. |
Counsel for appellant having moved to dismiss the appeal taken from a judgment of the Ontario County Court, rendered January 7, 2009, on the ground that appellant has died during the pendency of the appeal,
Now, upon reading and filing the affirmation of John E. Tyo, Esq., dated March 15, 2010, 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 is granted, and the appeal is dismissed.
Memorandum: Appeal unanimously dismissed and matter remitted to Ontario 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