| THE PEOPLE V EDWARD A. JOHNS |
| Motion No: KA 10-01369 |
| Slip Opinion No: 2012 NY Slip Op 86953(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 10-01369
Indictment No: I09-368
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V EDWARD A. JOHNS, DEFENDANT-APPELLANT. |
Counsel for appellant having moved to dismiss the appeal taken from a judgment of the Oneida County Court, rendered April 15, 2010, on the ground that appellant has died during the pendency of the appeal,
Now, upon reading and filing the affirmation of Patrick J. Marthage, Esq. dated August 13, 2012, the notice of motion with proof of service thereof, and a certified copy of appellant's death certificate, and there being no opposition thereto,
It is hereby ORDERED that the motion is granted.
Memorandum: Appeal dismissed and the matter is remitted to Oneida 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