| THE PEOPLE V YUSEF BROWN |
| Motion No: KA 11-00446 |
| Slip Opinion No: 2013 NY Slip Op 87801(U) |
| Decided on September 27, 2013 |
| 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 11-00446
Indictment No: 2009-0396-1
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V YUSEF BROWN, DEFENDANT-APPELLANT. |
Counsel for appellant having moved to dismiss the appeal taken from a judgment of the Onondaga County Court, rendered October 13, 2010, on the ground that appellant has died during the pendency of the appeal,
Now, upon reading and filing the affirmation of Christine M. Cook, Esq. dated July 8, 2013, the notice of motion with proof of service thereof, and a certified copy of appellant's death certificate, the affirmation of James P. Maxwell, Esq. dated July 9, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted.
Memorandum: 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 27, 2013
Frances E. Cafarell, Clerk