THE PEOPLE V WILLIAM H. KELLER, SR.
Motion No: KA 17-01690
Slip Opinion No: 2021 NY Slip Op 65854(U)
Decided on April 30, 2021
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.


April 30, 2021

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

KA 17-01690
Indictment No: 2016-0644

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

WILLIAM H. KELLER, SR., DEFENDANT-APPELLANT.


Counsel for appellant having moved to dismiss the appeal taken from a judgment of the Monroe County Court, rendered July 6, 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 Monroe County Court to vacate the judgment of conviction and dismiss the indictment (see People v Matteson, 75 NY2d 745 [1989]).

Entered: April 30, 2021

Mark W. Bennett

Clerk of the Court