Opinion
Motion No. 113068 SCI No. 2021- 007
07-22-2022
THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STERLING R. GRANT JR., Appellant.
Unpublished Opinion
MOTION DECISION
DECISION AND ORDER ON MOTION
Defendant died on February 8, 2022.
Now, therefore, upon the Court's own motion, it is
ORDERED that the appeal is dismissed upon the ground that the criminal prosecution has abated by reason of defendant's death (see People v Castro, 84 N.Y.2d 979 [1994]), and it is further
ORDERED that the matter is remitted to County Court of St. Lawrence 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 [1989]).
Garry, P.J., Clark, Pritzker and McShan, JJ., concur.