Opinion
KA 09-02213 KA 09-02214 Indictment No: 2009-108 Indictment No: 2003-195 (VOP)
06-13-2014
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. STEVEN FARNSWORTH, DEFENDANT-APPELLANT. THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. STEVEN FARNSWORTH, DEFENDANT-APPELLANT.
PRESENT: , P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Counsel for appellant having moved to dismiss the appeals taken from the judgments of the Livingston County Court, rendered September 15, 2009, on the ground that appellant has died during the pendency of the appeal,
Now, upon reading and filing the affirmation of Jeannie D. Michalski, Esq. dated April 10, 2014, the notice of motion with proof of service thereof, and a certified copy of appellant's death certificate, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted.
Memorandum: The matters are remitted to Livingston County Court to vacate the convictions and dismiss the indictment and the amended statement of violation dated June 5, 2009 either sua sponte or on application of either the District Attorney or counsel for defendant (see People v Matteson, 75 NY2d 745).
Entered:
Frances E. Cafarell, Clerk