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People v. Criss

Appellate Division, Third Department, Motion Decision
Feb 18, 2014
2014 N.Y. Slip Op. 64293 (N.Y. App. Div. 2014)

Opinion

Ind. No. 07-596 106384

02-18-2014

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. IKEEM L. CRISS, Appellant.


DECISION AND ORDER ON MOTION

Motion to dismiss the 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 NY2d 976 [1994]), and it is further

ORDERED that the matter is remitted to Broome County Court 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 NY2d 745 [1989]; People v Pratt, 73 AD2d 698 [1979]).

Peters, P.J., McCarthy, Rose and Egan Jr., JJ., concur.

ENTER:

Robert D. Mayberger

Clerk of the Court


Summaries of

People v. Criss

Appellate Division, Third Department, Motion Decision
Feb 18, 2014
2014 N.Y. Slip Op. 64293 (N.Y. App. Div. 2014)
Case details for

People v. Criss

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. IKEEM L. CRISS…

Court:Appellate Division, Third Department, Motion Decision

Date published: Feb 18, 2014

Citations

2014 N.Y. Slip Op. 64293 (N.Y. App. Div. 2014)