People v Hildreth
2012 NY Slip Op 02518 [94 AD3d 777]
April 3, 2012
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 23, 2012


The People of the State of New York, Respondent,
v
Wilbur Hildreth, Appellant.

—[*1] O'Brien & O'Brien, LLP, Nesconset, N.Y. (Stephen L. O'Brien and Scott Lockwood of counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Karla Lato of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Suffolk County (Braslow, J.), rendered February 28, 2011, convicting him of operating a motor vehicle while under the influence of alcohol or drugs and disorderly conduct, after a nonjury trial, and imposing sentence.

Ordered that the appeal is dismissed as academic, and the matter is remitted to the County Court, Suffolk County, for further proceedings consistent with People v Mintz (20 NY2d 770 [1967]).

The defendant died during the pendency of this appeal and, thus, the action has abated (see People v Mintz, 20 NY2d 770 [1967]; People v Jenkins, 167 AD2d 422 [1990]). Skelos, J.P., Balkin, Roman and Sgroi, JJ., concur.