PEOPLE v. STURGILL (2025)

DECISION AND ORDER ON MOTION

Motion to vacate memorandum and order of this Court decided and entered March 6, 2025 (––– AD3d ––––, 2025 NY Slip Op 01260 [3d Dept 2025]), dismiss appeal and remit matter to 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, the memorandum and order decided and entered March 6, 2025 is vacated and the appeal is dismissed 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 March 6, 2025 (see People v Castro, 84 NY2d 976 [1994]; People v Grana, 32 AD3d 1052 [3d Dept 2006]), 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 NY2d 745 [1989]; People v Minz, 20 NY2d 770 [1967]).

Clark, J.P., Reynolds Fitzgerald, Ceresia, McShan and Powers, JJ., concur.