Opinion
Motion No: 109221
06-27-2019
THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALMOND A. UPTON, Appellant.
DECISION AND ORDER ON MOTION
Motion to remit for further proceedings.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted to the extent that the appeal is dismissed upon the ground that the criminal prosecution has abated by reason of defendant's death (see People v Castro, 84 NY2d 976 [1994]), and the matter is remitted to the County Court of Broome 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 NY2d 745 [1989]; People v Pratt, 73 AD2d 698 [1979]).
Garry, P.J., Clark, Rumsey and Pritzker, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court