THE PEOPLE V JOSEPH R. CHEHOVICH
Motion No: KA 19-02119
Slip Opinion No: 2020 NY Slip Op 72885(U)
Decided on October 2, 2020
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.


October 2, 2020

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

KA 19-02119
SCI No: 2019-085

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

JOSEPH R. CHEHOVICH, DEFENDANT-APPELLANT.


Counsel for appellant having moved to dismiss the appeal taken from a judgment of the Cayuga County Court, rendered October 17, 2019, 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 Cayuga County Court, to vacate the judgment of conviction and dismiss the indictment (see People v Matteson, 75 NY2d 745 [1989]).

Entered: October 2, 2020

Mark W. Bennett

Clerk of the Court