People v Richard Bagley

Motion No:

Slip Opinion No: 2015 NY Slip Op 91811(U)

Decided on November 20, 2015

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:
November 20, 2015107189

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v RICHARD BAGLEY, (DA - 678-13)Appellant.

CORRECTED DECISION AND ORDER ON MOTION

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 County Court of Albany County 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, Egan Jr. and Devine, JJ., concur.
ENTER:

Robert D. Mayberger
Clerk of the Court