| THE PEOPLE V WATSON M. COOPER |
| Motion No: NOS. 980-981/16 |
| Slip Opinion No: 2016 NY Slip Op 87565(U) |
| Decided on September 30, 2016 |
| 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: WHALEN, P.J., PERADOTTO, NEMOYER, CURRAN, AND TROUTMAN, JJ.
MOTION NOS. 980-981/16
KA 14-02216 and KA 14-02217
Indictment No: 14-172 and SCI No: 14-217
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V WATSON M.
COOPER, DEFENDANT-APPELLANT. |
Counsel for appellant having moved to be relieved of his assignment for the appeals taken from the judgments of the Cattaraugus County Court, rendered November 3, 2014, on the ground that appellant has died during the pendency of the appeals,
Now, upon reading and filing the affirmation of Nicholas P. DiFonzo, Esq. dated July 14, 2016, 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 dismissed as premature, and
It is further ORDERED that the appeals are dismissed.
Memorandum: The matters are remitted to Cattaraugus County Court to vacate the judgments of conviction and dismiss the Indictment and Superior Court Information either sua sponte or on application of either the District Attorney or the counsel for defendant (see People v Matteson, 75 NY2d 745).
Entered: September 30, 2016
Frances E. Cafarell, Clerk