United States Second Circuit

In a motion made under the doctrine of abatement ab initio by the executrix of the estate of a former New York State Senator who was convicted of making false statements to the FBI in violation of 18 U.S.C. section1001, but died while his appeal was pending, the motion is granted where, under the doctrine of abatement: 1) when a convicted defendant dies pending an appeal as of right, his conviction abates, the underlying indictment is dismissed, and his estate is relieved of any obligation to pay a criminal fine imposed at sentence; and 2) a defendant's estate is also entitled to the return of a criminal fine that the defendant paid before his death.

Appellate Information

• Published 2017/05/30

Judges

• KATZMANN

Court

• United States Second Circuit

Counsel