| THE PEOPLE V ISMAEL J. CRUZ, ALSO KNOWN AS JUNIOR, ALSO KNOWN AS JUNE |
| Motion No: KA 12-01971 |
| Slip Opinion No: 2012 NY Slip Op 95170(U) |
| Decided on December 21, 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 12-01971
Indictment No: 2011-0234B
| THE PEOPLE OF THE STATE OF NEW YORK, APPELLANT, V
ISMAEL J. CRUZ, ALSO KNOWN AS JUNIOR, ALSO KNOWN AS JUNE, DEFENDANT-RESPONDENT. |
Counsel for defendant-respondent having moved to dismiss the appeal taken from an order of the Supreme Court, Monroe County, dated April 30, 2012, on the ground that defendant-respondent has died during the pendency of the appeal,
Now, upon reading and filing the affirmation of Jon P. Getz, Esq. dated October 15, 2012, the notice of motion with proof of service thereof, the statement of Jon P. Getz, Esq. dated October 25, 2012, the statement of Leslie E. Swift, Esq. dated October 26, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that the appeal taken from so much of the order in favor of defendant-respondent is dismissed, because the criminal prosecution has been abated by reason of his death, and
Memorandum: The matter is remitted to Supreme Court, Monroe County to dismiss sua sponte or an application by the District Attorney or the attorney who appeared for defendant-respondent that portion of the indictment as it pertains to defendant-respondent (see People v Matteson, 75 NY2d 745).
Entered: December 21, 2012
Frances E. Cafarell, Clerk