| THE PEOPLE V RUSSELL C. PROUT, JR. |
| Motion No: KA 09-02215 |
| Slip Opinion No: 2012 NY Slip Op 95179(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 09-02215
Indictment No: 2008-0700
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V RUSSELL C. PROUT, JR., DEFENDANT-APPELLANT. |
Counsel for appellant having moved to dismiss the appeal taken from a judgment of the Monroe County Court, rendered June 25, 2009, on the ground that appellant has died during the pendency of the appeal,
Now, upon reading and filing the affirmation of Drew R. DuBrin, Esq. dated November 30, 2012, the notice of motion with proof of service thereof, 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 Monroe 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: December 21, 2012
Frances E. Cafarell, Clerk