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People v. Catalano

Appellate Division of the Supreme Court of New York, Second Department
Apr 9, 1979
69 A.D.2d 840 (N.Y. App. Div. 1979)

Opinion

April 9, 1979


Appeal by the People from an order of the Supreme Court, Kings County, dated March 27, 1978, which granted the defendant's motion to dismiss his indictment. Appeal dismissed. The District Attorney has furnished the court with a copy of defendant's death certificate, indicating defendant's death after argument of this appeal. While we are of the view that the dismissal of the indictment was improper (see People v. Clayton, 41 A.D.2d 204), this matter is now abated by virtue of the defendant's death. Shapiro, J.P., Cohalan, Margett and Martuscello, JJ., concur.


Summaries of

People v. Catalano

Appellate Division of the Supreme Court of New York, Second Department
Apr 9, 1979
69 A.D.2d 840 (N.Y. App. Div. 1979)
Case details for

People v. Catalano

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. GIORLANDO CATALANO…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 9, 1979

Citations

69 A.D.2d 840 (N.Y. App. Div. 1979)