| THE PEOPLE V JOSEPH E. MARTINEZ, ALSO KNOWN AS JOHN DOE |
| Motion No: KA 14-00583 |
| Slip Opinion No: 2018 NY Slip Op 91051(U) |
| Decided on September 28, 2018 |
| 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., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
KA 14-00583
Indictment No: 2012-0567
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JOSEPH E.
MARTINEZ, ALSO KNOWN AS JOHN DOE, DEFENDANT-APPELLANT. |
Counsel for appellant having moved to dismiss the appeal taken from a judgment of the Supreme Court, Monroe County, rendered April 22, 2013, on the ground that appellant has died during the pendency of the appeal,
Now, upon reading and filing the affirmation of Chelsea L. Palmisano, Esq., dated June 21, 2018, 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 granted.
Memorandum: The matter is remitted to Supreme Court, Monroe County, 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 [1989]).
Entered: September 28, 2018
Mark W. Bennett, Clerk