Opinion
2012-04-3
The PEOPLE, etc., respondent, v. Wilbur HILDRETH, appellant.
O'Brien & O'Brien, LLP, Nesconset, N.Y. (Stephen L. O'Brien and Scott Lockwood of counsel), for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Karla Lato of counsel), for respondent.
O'Brien & O'Brien, LLP, Nesconset, N.Y. (Stephen L. O'Brien and Scott Lockwood of counsel), for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Karla Lato of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Braslow, J.), rendered February 28, 2011, convicting him of operating a motor vehicle while under the influence of alcohol or drugs and disorderly conduct, after a nonjury trial, and imposing sentence.
ORDERED that the appeal is dismissed as academic, and the matter is remitted to the County Court, Suffolk County, for further proceedings consistent with People v. Mintz, 20 N.Y.2d 770, 284 N.Y.S.2d 77, 230 N.E.2d 722.
The defendant died during the pendency of this appeal and, thus, the action has abated ( see People v. Mintz, 20 N.Y.2d 770, 284 N.Y.S.2d 77, 230 N.E.2d 722; People v. Jenkins, 167 A.D.2d 422, 562 N.Y.S.2d 452).