Opinion
2021-71379 SCI 22-2018 IDV RF-12-2018
09-07-2021
THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DONALD LAMERE, Appellant. Motion No. 110466
Unpublished Opinion
MOTION DECISION
DECISION AND ORDER ON MOTION
Motion to dismiss appeal and for further relief.
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 N.Y.2d 979 [1994]), and it is further
ORDERED that the matter is remitted to County Court of Franklin 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., Egan Jr., Clark and Aarons, JJ., concur.