| THE PEOPLE V TESSA A. SMITH |
| Motion No: KA 22-00991 |
| Slip Opinion No: 2024 NY Slip Op 64477(U) |
| Decided on March 15, 2024 |
| 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, LINDLEY, CURRAN, AND BANNISTER, JJ.
KA 22-00991
SCI No: 70336-22/001
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V TESSA A.
SMITH, DEFENDANT-APPELLANT. |
Counsel for appellant having moved to dismiss the appeal taken herein from a judgment of the Ontario County Court, rendered June 9, 2022, 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 the appeal is dismissed, and
It is further ORDERED that 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, 747 [1989]).
Entered: March 15, 2024
Ann Dillon Flynn
Clerk of the Court