| THE PEOPLE V STEVEN FARNSWORTH THE PEOPLE V STEVEN FARNSWORTH |
| Motion No: KA 09-02213 |
| Slip Opinion No: 2014 NY Slip Op 76069(U) |
| Decided on June 13, 2014 |
| 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 09-02213
Indictment No: 2009-108
KA 09-02214
Indictment No: 2003-195 (VOP)
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V STEVEN FARNSWORTH, DEFENDANT-APPELLANT. THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V STEVEN
FARNSWORTH, DEFENDANT-APPELLANT. |
Counsel for appellant having moved to dismiss the appeals taken from the judgments of the Livingston County Court, rendered September 15, 2009, on the ground that appellant has died during the pendency of the appeal,
Now, upon reading and filing the affirmation of Jeannie D. Michalski, Esq. dated April 10, 2014, 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: The matters are remitted to Livingston County Court to vacate the convictions and dismiss the indictment and the amended statement of violation dated June 5, 2009 either sua sponte or on application of either the District Attorney or counsel for defendant (see People v Matteson, 75 NY2d 745).
Entered: June 13, 2014
Frances E. Cafarell, Clerk