Opinion
KA 16-00231 SCI No: 2015-3228
04-27-2018
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. SARAH W. JAMES, ALSO KNOWN AS SARAH DINGEMAN, DEFENDANT-APPELLANT.
PRESENT:
Counsel for appellant having moved to dismiss the appeal taken from a judgment of the Monroe County Court, rendered June 29, 2015, on the ground that appellant has died during the pendency of the appeal,
Now, upon reading and filing the affirmation of Janet C. Somes, Esq. dated March 26, 2018, 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 Monroe 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 [1989]).
Entered: April 27, 2018
Mark W. Bennett, Clerk