| THE PEOPLE V JASON J. ALEJANDRO, ALSO KNOWN AS JASON GINTHER |
| Motion No: KA 13-02039 |
| Slip Opinion No: 2015 NY Slip Op 94858(U) |
| Decided on December 23, 2015 |
| 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, PERADOTTO, AND CARNI, JJ.
KA 13-02039
Indictment No: 2011-2283
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JASON J.
ALEJANDRO, ALSO KNOWN AS JASON GINTHER, DEFENDANT-APPELLANT. |
Counsel for appellant having moved to dismiss the appeal taken from a judgment of the Erie County Court, rendered April 1, 2013, on the ground that appellant has died during the pendency of the appeal,
Now, upon reading and filing the affidavit of Karen C. Russo-McLaughlin, Esq. sworn to November 10, 2015, the notice of motion with proof of service thereof, and a certified copy of appellant's death certificate, the statement of Donna A. Milling, Esq. dated November 16, 2015, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted.
Memorandum: The matter is remitted to Erie 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: December 23, 2015
Frances E. Cafarell, Clerk