| People of State of New York v Thomas Roberts |
| Motion No: 2009-02443 kcr |
| Slip Opinion No: 2011 NY Slip Op 68119(U) |
| Decided on March 21, 2011 |
| Appellate Term, Second 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
MICELLE WESTON
JOSEPH G. GOLIA, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Appellant, v Thomas Roberts, Respondent. |
Court's own motion to dismiss an appeal from an order of the Criminal Court of the City of New York, Kings County, entered September 9, 2009.
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, the appeal is dismissed as academic, and the accusatory instrument is dismissed on the ground that the criminal prosecution has abated by reason of defendant's death (see People v Matteson, 75 NY2d 745, 747 [1989]).
ENTER:
Paul Kenny
Chief Clerk