Opinion
2021-74584 Motion KA 18-02061
11-05-2021
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. DOMINGO VENTURA, DEFENDANT-APPELLANT. Indictment No. 2016-1100
Unpublished Opinion
MOTION DECISION
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
Counsel for appellant having moved to dismiss the appeal taken from a judgment of the Monroe County Court, rendered July 13, 2017, on the ground that appellant has died 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 Monroe County Court to vacate the judgment of conviction and dismiss the indictment (see People v Matteson, 75 N.Y.2d 745 [1989]).