The People, etc., respondent, v. Wilbur Hildreth, appellant. (2012)

Supreme Court, Appellate Division, Second Department, New York.

The People, etc., respondent, v. Wilbur Hildreth, appellant.

2011–02513 (Ind.No. 1742 /08)

Decided: April 03, 2012

PETER B. SKELOS, J.P. RUTH C. BALKIN SHERI S. ROMAN SANDRA L. SGROI, JJ.

O'Brien & O'Brien, LLP, Nesconset, N.Y. (Stephen L. O'Brien and Scott Lockwood of counsel), for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Karla Lato of counsel), for respondent.

Argued—January 17, 2012

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Suffolk County (Braslow, J.), rendered February 28, 2011, convicting him of operating a motor vehicle while under the influence of alcohol or drugs and disorderly conduct, after a nonjury trial, and imposing sentence.

ORDERED that the appeal is dismissed as academic, and the matter is remitted to the County Court, Suffolk County, for further proceedings consistent with People v. Mintz (20 N.Y.2d 770).

The defendant died during the pendency of this appeal and, thus, the action has abated (see People v. Mintz, 20 N.Y.2d 770; People v. Jenkins, 167 A.D.2d 422).

SKELOS, J.P., BALKIN, ROMAN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

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