People v John J. Gardy

Motion No: DECISION AND ORDER

Slip Opinion No: 2019 NY Slip Op 81525(U)

Decided on October 10, 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: October 10, 2019110011
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THE PEOPLE OF THE STATE OF
           NEW YORK,
                                  Respondent,
           v                                            
DECISION AND ORDER                                                                  ON MOTION
JOHN J. GARDY,
(DA #: 672-16 & Sup Ct #: 19-8012) Appellant.
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Motion to dismiss 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 979 [1994]), and it is further

ORDERED that the matter is remitted to County 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 and Pritzker, JJ., concur.

ENTER:

Robert D. Mayberger
Clerk of the Court