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People v. Lewis

Supreme Court, Appellate Division, Third Department, New York.
Jul 22, 2021
196 A.D.3d 968 (N.Y. App. Div. 2021)

Opinion

110093

07-22-2021

The PEOPLE of the State of New York, Respondent, v. Jeffrey LEWIS, Appellant.


DECISION AND ORDER ON MOTION

Motion to vacate the memorandum and order of this Court decided and entered September 24, 2020 ( 186 A.D.3d 1831, 129 N.Y.S.3d 360 [2020] ), to dismiss the appeal and to remit the matter to the County Court of Ulster County for further proceedings.

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, which occurred without this Court's knowledge prior to this Court's memorandum and order decided and entered September 24, 2020 (see People v. Castro , 84 N.Y.2d 976, 622 N.Y.S.2d 904, 647 N.E.2d 109 [1994] ; People v. Carey , 124 A.D.3d 982, 997 N.Y.S.2d 920 [2015] ), and it is further

ORDERED that the memorandum and order decided and entered September 24, 2020 is vacated and the appeal is dismissed, and it is further

ORDERED that the matter is remitted to the County Court of Ulster 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, 551 N.Y.S.2d 890, 551 N.E.2d 91 [1989] ).

Egan Jr., J.P., Pritzker, Reynolds Fitzgerald and Colangelo, JJ., concur.


Summaries of

People v. Lewis

Supreme Court, Appellate Division, Third Department, New York.
Jul 22, 2021
196 A.D.3d 968 (N.Y. App. Div. 2021)
Case details for

People v. Lewis

Case Details

Full title:The PEOPLE of the State of New York, Respondent, v. Jeffrey LEWIS…

Court:Supreme Court, Appellate Division, Third Department, New York.

Date published: Jul 22, 2021

Citations

196 A.D.3d 968 (N.Y. App. Div. 2021)
196 A.D.3d 968

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