Opinion
110093
07-22-2021
The People of the State of New York, Respondent, v. Jeffrey Lewis, Appellant.
Motion to vacate the memorandum and order of this Court decided and entered September 24, 2020 (186 A.D.3d 1831 [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 [1994]; People v Carey, 124 A.D.3d 982 [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 [1989]).
Egan Jr., J.P., Pritzker, Reynolds Fitzgerald and Colangelo, JJ., concur.