| People v Robert Lake |
| Motion No: 108410 |
| Slip Opinion No: 2018 NY Slip Op 83392(U) |
| Decided on September 7, 2018 |
| 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: September 7, 2018
108410
THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v Appellant.
| DECISION AND ORDER |
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 Supreme 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]).
Garry, P.J., Clark, Mulvey, Rumsey and
Pritzker, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court