Opinion
Motion No. KA 23-00471 Indictment No. 2019-0705
07-19-2023
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. JAMES KRAUSENECK, DEFENDANT-APPELLANT.
Unpublished Opinion
MOTION DECISION
PRESENT: WHALEN, P.J., PERADOTTO, MONTOUR, OGDEN AND GREENWOOD, JJ.
Respondent having moved to dismiss the appeal taken from a judgment of the Supreme Court, Monroe County, rendered November 7, 2022, on the ground that appellant is deceased during the pendency of the appeal, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is hereby ORDERED that the motion is granted, and
It is further ORDERED the appeal is dismissed, and the matter is remitted to the Supreme Court, Monroe County to vacate the judgment of conviction and dismiss the indictment.