| THE PEOPLE V MARY L. BOYD |
| Motion No: KA 19-01901 |
| Slip Opinion No: 2022 NY Slip Op 71786(U) |
| Decided on September 14, 2022 |
| 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 LINDLEY, JJ.
KA 19-01901
SCI No: 18-DI-279
| THE PEOPLE OF THE STATE OF NEW YORK,
RESPONDENT, V MARY L. BOYD, DEFENDANT-APPELLANT. |
Counsel for appellant having moved to dismiss the appeal taken from a judgment of the Ontario County Court, rendered September 10, 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 Ontario County Court to vacate the judgment of conviction and dismiss the indictment (see People v Matteson, 75 NY2d 745 [1989]).
Entered: September 14, 2022
Ann Dillon Flynn
Clerk of the Court