Opinion
110011
10-10-2019
THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN J. GARDY, Appellant.
DECISION AND ORDER ON MOTION (DA #: 672-16 & Sup Ct #: 19-8012)
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 NY2d 979 [1994]), and it is further
ORDERED that the matter is remitted to County Court of Albany 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 NY2d 745 [1989]; People v Pratt, 73 AD2d 698 [1979]).
Garry, P.J., Clark, Mulvey and Pritzker, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court