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PEOPLE v. HILDRETH

2011-02513.

94 A.D.3d 777 (2012)

941 N.Y.S.2d 507

2012 NY Slip Op 2518

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILBUR HILDRETH, Appellant.

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

Decided April 3, 2012.

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 [1967]).

The defendant died during the pendency of this appeal and, thus, the action has abated (see People v Mintz, 20 N.Y.2d 770 [1967]; People v Jenkins, 167 A.D.2d 422

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