Opinion
KA 15-01109 Indictment No: 14-104A
02-03-2017
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. MICHAEL CORREIA, DEFENDANT-APPELLANT.
PRESENT:
Counsel for appellant having moved to dismiss the appeal taken from a judgment of the Wayne County Court, rendered April 14, 2015, on the ground that appellant has died during the pendency of the appeal,
Now, upon reading and filing the affirmation of Edwin P. Frick, Esq. dated January 3, 2017, the notice of motion with proof of service thereof, 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 Wayne 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).
Entered: February 3, 2017
Frances E. Cafarell, Clerk