Opinion
November 13, 1990
Appeal from the Supreme Court, Queens County (Browne, J.).
Ordered that the appeal is dismissed as academic, the judgment is vacated and the indictment is dismissed.
The defendant died during the pendency of this appeal, and the action abated (see, People v. Mintz, 20 N.Y.2d 753, mod 20 N.Y.2d 770). Mangano, P.J., Thompson, Lawrence and O'Brien, JJ., concur.