| THE PEOPLE V BARON LOPSEY |
| Motion No: KA 18-00654 |
| Slip Opinion No: 2019 NY Slip Op 65960(U) |
| Decided on March 15, 2019 |
| 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 18-00654
Indictment No: I17-052
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V BARON
LOPSEY, DEFENDANT-APPELLANT. |
Counsel for appellant having moved to dismiss the appeal taken from a judgment of the Oneida County Court, rendered November 9, 2017, on the ground that appellant has died during the pendency of the appeal,
Now, upon reading and filing the papers with respect to the motion, 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 Oneida 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 [1989]).
Entered: March 15, 2019
Mark W. Bennett, Clerk