On September 6, 1978, prior to the argument of this appeal, and unbeknownst to the court and counsel, defendant had died. It is well settled in New York that the death of a defendant abates the criminal prosecution. This court, therefore, lacked jurisdiction both at the time of argument and entry of its order of reversal and dismissal of the indictment. Accordingly, the appeal is dismissed, as academic, and the matter remanded to the trial court to vacate the conviction and...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
