Opinion
2021-69946 Ind. C-7181
08-03-2021
THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICHARD WRIGHT, Appellant.
Unpublished Opinion
MOTION DECISION
DECISION AND ORDER
Motion to dismiss appeal.
Upon the papers filed in support of the motion, and no papers having been filed in opposition thereto, it is
ORDERED that the motion is granted upon the ground that the criminal prosecution has abated by reason of defendant's death (see People v Castro, 84 N.Y.2d 979 [1994]), and it is further
ORDERED that the matter is remitted to Supreme Court of Rensselaer County to vacate the judgment of conviction and dismiss the accusatory instrument, sua sponte, or on application by the District Attorney or the attorney who appeared for defendant (see People v Matteson, 75 N.Y.2d 745 [1989]).
Garry, P.J., Clark, Aarons and Colangelo, JJ., concur.