Opinion
2021-65851 Motion KA 18-00711
04-30-2021
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. TIMOTHY C. IRVIN, DEFENDANT-APPELLANT. Indictment No. 16-345
Unpublished Opinion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 Chautauqua County Court, rendered March 23, 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 Chautauqua County Court to vacate the judgment of conviction and dismiss the indictment (see People v Matteson, 75 N.Y.2d 745 [1989]).