| THE PEOPLE V JAMES KRAUSENECK |
| Motion No: KA 23-00471 |
| Slip Opinion No: 2023 NY Slip Op 71525(U) |
| Decided on July 19, 2023 |
| 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., PERADOTTO, MONTOUR, OGDEN AND GREENWOOD, JJ.
KA 23-00471
Indictment No: 2019-0705
| THE PEOPLE OF THE STATE OF NEW YORK,
RESPONDENT, V JAMES KRAUSENECK, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Supreme Court, Monroe County, rendered November 7, 2022, on the ground that appellant is deceased 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 the Supreme Court, Monroe County to vacate the judgment of conviction and dismiss the indictment.
Entered: July 19, 2023
Ann Dillon Flynn
Clerk of the Court