Opinion
KA 18-00654 Indictment No: I17-052
03-15-2019
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. BARON LOPSEY, DEFENDANT-APPELLANT.
PRESENT:
Counsel for appellant having moved to dismiss the appeal taken from a judgment of the Oneida County Court, rendered November 9, 2017, 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 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 matter is remitted to Oneida County Court to vacate the judgment of conviction and dismiss the indictment either sua sponte or on application of either the District Attorney or the counsel for defendant (see People v Matteson, 75 NY2d 745 [1989]).
Entered: March 15, 2019
Mark W. Bennett, Clerk