| People v Ikeem L. Criss |
| Motion No: |
| Slip Opinion No: 2014 NY Slip Op 64293(U) |
| Decided on February 18, 2014 |
| Appellate Division, Third 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. |
Decided and Entered: February 18,
2014106384
THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v | DECISION AND
ORDER |
Motion to dismiss the appeal.
Upon the papers filed in support of the motion, and no papers having been filed in opposition thereto, it
is
ORDERED that the motion is granted upon the ground that the criminal prosecution has abated by reason of defendant's death (see People
v Castro, 84 NY2d 976 [1994]), and it is further
ORDERED that the matter is remitted to Broome County Court to vacate the judgment of
conviction and dismiss the accusatory instrument, sua sponte, or on application by the District Attorney or the attorney who appeared for defendant
(see People v Matteson, 75 NY2d 745 [1989]; People v Pratt, 73 AD2d 698 [1979]).
Peters, P.J., McCarthy, Rose and Egan Jr., JJ.,
concur.
ENTER:
Robert D. Mayberger
Clerk of the Court