Opinion
Motion No: KA 12-00159
11-14-2014
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. JONATHAN MERINO, DEFENDANT-APPELLANT.
PRESENT: , SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ. Indictment No: 2010-1012
Counsel for appellant having moved to dismiss the appeal taken from a judgment of the Monroe County Court, rendered November 9, 2011, on the ground that appellant has died during the pendency of the appeal,
Now, upon reading and filing the affidavit of Jane I. Yoon, Esq. sworn to October 21, 2014, the notice of motion with proof of service thereof, and a certified copy of appellant's death certificate, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted.
Memorandum: The matter is remitted to Monroe County Court to vacate the judgment of conviction and dismiss the indictment either sua sponte or on application of either the District Attorney or the counsel for defendant (see People v Matteson, 75 NY2d 745).
Entered: November 14, 2014
Frances E. Cafarell, Clerk