| THE PEOPLE V JOYCE MALONE |
| Motion No: KA 11-00797 |
| Slip Opinion No: 2011 NY Slip Op 86371(U) |
| Decided on September 30, 2011 |
| 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., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
KA 11-00797
Indictment No: 10C-078
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JOYCE
MALONE, DEFENDANT-APPELLANT. |
Counsel for appellant having moved to dismiss the appeal taken from a judgment of the Oswego County Court, rendered April 8, 2011, on the ground that appellant has died during the pendency of the appeal,
Now, upon reading and filing the affirmation of Linda M. Campbell, Esq. dated July 5, 2011, the notice of motion with proof of service thereof, the statement of Michael G. Cianfarano, Esq. dated July 22, 2011, and 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: The matter is remitted to Oswego County Court to vacate the judgment of conviction and dismiss the indictment either sua sponte or on application by the District Attorney or the attorney who appeared for appellant (see People v Matteson, 75 NY2d 745).
Entered: September 30, 2011
Patricia L. Morgan, Clerk