| THE PEOPLE V DAVID GARDNER |
| Motion No: KA 22-01430 |
| Slip Opinion No: 2025 NY Slip Op 78808(U) |
| Decided on October 3, 2025 |
| 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., LINDLEY, CURRAN, BANNISTER, AND MONTOUR, JJ.
KA 22-01430
Indictment No: 2020-0176A
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DAVID
GARDNER, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken herein from a judgment of the Supreme Court, Monroe County, rendered April 20, 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 Supreme Court, Monroe County, to vacate the judgment of conviction and dismiss the indictment (see People v Matteson, 75 NY2d 745, 747 [1989]).
Entered: October 3, 2025
Ann Dillon Flynn
Clerk of the Court