| THE PEOPLE V MICHAEL IANNETTONI |
| Motion No: KA 12-01673 |
| Slip Opinion No: 2012 NY Slip Op 86950(U) |
| Decided on September 28, 2012 |
| 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 12-01673
Indictment No: 2011-0273-1
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V MICHAEL IANNETTONI, DEFENDANT-APPELLANT. |
Counsel for appellant having moved to dismiss the appeal taken from a judgment of the Onondaga County Court, rendered February 17, 2012, on the ground that appellant has died during the pendency of the appeal,
Now, upon reading and filing the affidavit of John A. Cirando, Esq. sworn to September 7, 2012, the notice of motion with proof of service thereof, the affirmation of James P. Maxwell, Esq. dated September 18, 2012, and a certified copy of appellant's death certificate, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted.
Memorandum: Appeal dismissed and the matter is 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 the counsel for defendant (see People v Matteson, 75 NY2d 745).
Entered: September 28, 2012
Frances E. Cafarell, Clerk