People v. Gentile

Appellate Division of the Supreme Court of New York

People v. Gentile

40 A.D.2d 600, 1972 N.Y. App. Div. LEXIS 3870

CourtAppellate Division of the Supreme Court of the State of New York

DecidedSeptember 26, 1972

StatusPublished

This text of 40 A.D.2d 600 (People v. Gentile) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Gentile, 40 A.D.2d 600, 1972 N.Y. App. Div. LEXIS 3870 (N.Y. Ct. App. 1972).

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Opinion

Gentile.—Motion by appellant’s attorneys to dismiss appeal from a judgment of the Supreme Court, New York County, rendered on September 16, 1971, convicting defendant, upon his, plea of guilty, of attempted grand larceny (third degree), on the ground that the appeal is moot, appellant having died on April 11, 1972, granted and the appeal dismissed. The case is remanded to the Supreme Court, New York County, for the purpose of vacating the judgment. Upon the death of the appellant before the appeal had been heard, the criminal prosecution abated, and the appeal should be dismissed and the judgment vacated (People v. Mintz, 20 N Y 2d 753, 770). Concur—Nunez, J. P., Kupferman, Steuer, Tilzer and Capozzoli, JJ.

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Gentile.—Motion by appellant’s attorneys to dismiss appeal from a judgment of the Supreme Court, New York County, rendered on September 16, 1971, convicting defendant, upon his, plea of guilty, of attempted grand larceny (third degree), on the ground that the appeal is moot, appellant having died on April 11, 1972, granted and the appeal dismissed. The case is remanded to the Supreme Court, New York County, for the purpose of vacating the judgment. Upon the death of the appellant before the appeal had been heard, the criminal prosecution abated, and the appeal should be dismissed and the judgment vacated (People v. Mintz, 20 N Y 2d 753, 770). Concur—Nunez, J. P., Kupferman, Steuer, Tilzer and Capozzoli, JJ.

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Bluebook (online)

40 A.D.2d 600, 1972 N.Y. App. Div. LEXIS 3870, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gentile-nyappdiv-1972.