People v Almond A. Upton

Motion No: 109221

Slip Opinion No: 2019 NY Slip Op 74051(U)

Decided on June 27, 2019

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: June 27, 2019109221

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THE PEOPLE OF THE STATE OF NEW YORK,                      
                                                       Respondent,
           v                      DECISION AND ORDER
                      ON MOTION
ALMOND A. UPTON,
                                                       Appellant.
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Motion to remit for further proceedings.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted to the extent that the appeal is dismissed upon the ground that the criminal prosecution has abated by reason of defendant's death (see People v Castro, 84 NY2d 976 [1994]), and the matter is remitted to the County Court of Broome 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, Rumsey and Pritzker, JJ., concur.

ENTER:
Robert D. Mayberger
Clerk of the Court