| THE PEOPLE V AMIR KITHCART |
| Motion No: KA 11-02611 |
| Slip Opinion No: 2014 NY Slip Op 78063(U) |
| Decided on July 11, 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 11-02611
Indictment No: 2009-0813-1
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V AMIR KITHCART, DEFENDANT-APPELLANT. |
Counsel for appellant having moved to dismiss the appeal taken from a judgment of the Onondaga County Court, rendered December 21, 2010, on the ground that appellant has died during the pendency of the appeal,
Now, upon reading and filing the affirmation of Kristen McDermott, Esq. dated June 19, 2014, 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 June 24, 2014, 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: July 11, 2014
Frances E. Cafarell, Clerk