| THE PEOPLE V JALEN EVERETT |
| Motion No: KA 17-01338 |
| Slip Opinion No: 2019 NY Slip Op 86918(U) |
| Decided on December 20, 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 17-01338
Indictment No: 2015-1251
| THE PEOPLE OF THE STATE OF NEW YORK, APPELLANT, V JALEN EVERETT,
DEFENDANT-RESPONDENT. |
Counsel for respondent having moved to dismiss the appeal taken from a judgment of the County Court, Monroe County, rendered December 19, 2016, on the ground that respondent 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 County Court, Monroe County, to vacate the judgment of conviction and dismiss the indictment (see People v Matteson, 75 NY2d 745 [1989]).
Entered: December 20, 2019
Mark W. Bennett
Clerk of the Court