Opinion
01-09-2015
The PEOPLE of the State of New York, Respondent, v. Bruce CAREY, Appellant.
Opinion
Defendant died on December 30, 2014. The criminal prosecution has abated by reason of defendant's death, which occurred without this Court's knowledge prior to this Court's memorandum and order decided and entered January 8, 2015 (see People v. Castro, 84 N.Y.2d 976, 622 N.Y.S.2d 904, 647 N.E.2d 109 [1994] ; People v. Grana, 32 A.D.3d 1052, 823 N.Y.S.2d 224 [2006] ).
Now, therefore, upon the Court's own motion, it is
ORDERED that the memorandum and order decided and entered January 8, 2015 is vacated and the appeal is dismissed, and it is further
ORDERED that the matter is remitted to the County Court of Schenectady 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, 551 N.Y.S.2d 890, 551 N.E.2d 91 [1989] ; People v. Pratt, 73 A.D.2d 698 [1979] ).
LAHTINEN, J.P., McCaRTHY, EGAN JR. and DEVINE, JJ., concur.