People v Mario A. Gullo

Motion No: DECISION AND ORDER

Slip Opinion No: 2021 NY Slip Op 69966(U)

Decided on August 4, 2021

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: August 4, 2021

112069
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THE PEOPLE OF THE STATE OF
           NEW YORK,
                                  Respondent,
           v                                            
DECISION AND ORDER                                                                  ON MOTION
MARIO A. GULLO,
                                  Appellant.
(Ind. No. 2018-213)
_____________________________________

Motion to be relieved of assignment and for further relief.

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 and 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 979 [1994]), and it is further

ORDERED that the matter is remitted to County Court of Chemung 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]).
Garry, P.J., Clark, Aarons and Colangelo, JJ., concur.

ENTER:

Robert D. Mayberger
Clerk of the Court