People v. Catalano

Appellate Division of the Supreme Court of New York

People v. Catalano

69 A.D.2d 840, 414 N.Y.S.2d 1017, 1979 N.Y. App. Div. LEXIS 11518

Procedural entryThis page is a short order in People v. Catalano. Read the opinion of the Court — 80 A.D.2d 587 →

Appellate Division of the Supreme Court of the State of New York·Decided April 9, 1979·Published

Opinion

Appeal by the People from an order of the Supreme Court, Kings County, dated March 27, 1978, which granted the defendant’s motion to dismiss his indictment. Appeal dismissed. The District Attorney has furnished the court with a copy of defendant’s death certificate, indicating defendant’s death after argument of this appeal. While we are of the view that the dismissal of the indictment was improper (see People v Clayton, 41 AD2d 204), this matter is now abated by virtue of the [841]*841defendant’s death. Shapiro, J. P., Cohalan, Hargett and Martuscello, JJ., concur.

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Appeal by the People from an order of the Supreme Court, Kings County, dated March 27, 1978, which granted the defendant’s motion to dismiss his indictment. Appeal dismissed. The District Attorney has furnished the court with a copy of defendant’s death certificate, indicating defendant’s death after argument of this appeal. While we are of the view that the dismissal of the indictment was improper (see People v Clayton, 41 AD2d 204), this matter is now abated by virtue of the [841]*841defendant’s death. Shapiro, J. P., Cohalan, Hargett and Martuscello, JJ., concur.

People v. Catalano, 69 A.D.2d 840, 414 N.Y.S.2d 1017, 1979 N.Y. App. Div. LEXIS 11518 (N.Y. Ct. App. 1979).

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Opinion

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