THE PEOPLE V STEPHEN P. DROZ
Motion No: KA 18-00524
Slip Opinion No: 2019 NY Slip Op 72822(U)
Decided on June 7, 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.


June 7, 2019

PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

KA 18-00524
SCI No: S17-011

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

STEPHEN P. DROZ, DEFENDANT-APPELLANT.


Counsel for appellant having moved to withdraw as counsel on the appeal taken from a judgment of the Oneida County Court, rendered May 22, 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 due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and

It is further ORDERED the appeal is dismissed, and the matter is remitted to Oneida County Court to vacate the judgment of conviction and dismiss the indictment (see People v Matteson, 75 NY2d 745 [1989]).

Entered: June 7, 2019

Mark W. Bennett

Clerk of the Court