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PEOPLE v. TONG

28 A.D.2d 999 (1967)

The People of the State of New York, Respondent, v. Fay Tong, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 16, 1967

Motion denied.

On the court's own motion, order dated July 10, 1967 vacated; appeal dismissed; and action remanded to the Supreme Court, Queens County, for the purpose of vacating the judgment. It appears that on February 23, 1967, while the appeal was pending and before it was argued on May 26, 1967, appellant died. Upon the death the entire criminal prosecution abated, the appeal should have been dismissed and the judgment vacated (People v. Mintz,

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