| THE PEOPLE V JOSEPH LEVINE |
| Motion No: KA 19-00968 |
| Slip Opinion No: 2021 NY Slip Op 74607(U) |
| Decided on November 12, 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. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
KA 19-00968
Indictment No: 2018-0001
| THE PEOPLE OF THE STATE OF NEW YORK,
RESPONDENT, V JOSEPH LEVINE, DEFENDANT-APPELLANT. |
Counsel for appellant having moved to dismiss the appeal taken from a judgment of the Monroe County Court, rendered April 16, 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 Monroe County Court to vacate the judgment of conviction and dismiss the indictment (see People v Matteson, 75 NY2d 745 [1989]).
Entered: November 12, 2021
Ann Dillon Flynn
Clerk of the Court