People v. Matteson

New York Court of Appeals

People v. Matteson

551 N.E.2d 91, 75 N.Y.2d 745, 551 N.Y.S.2d 890, 1989 N.Y. LEXIS 4392

CourtNew York Court of Appeals

DecidedDecember 19, 1989

StatusPublished

Cited by114 cases

This text of 551 N.E.2d 91 (People v. Matteson) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Matteson, 551 N.E.2d 91, 75 N.Y.2d 745, 551 N.Y.S.2d 890, 1989 N.Y. LEXIS 4392 (N.Y. 1989).

Pincite

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Defendant committed suicide while his appeal as of right from the judgment of conviction was pending in the Appellate Division. The Appellate Division dismissed his appeal and remitted to County Court with directions to vacate the conviction and dismiss the indictment. The People appeal from the Appellate Division order by permission of a Judge of this court.

[747]*747A defendant’s death during the pendency of a direct appeal to the Appellate Division abates the appeal and all proceedings in the prosecution from its inception (People v Mintz, 20 NY2d 753, 770, 771). The death places a defendant beyond the court’s power to enforce or reverse the judgment of conviction, thereby preventing effective appellate review of the validity of the conviction (id., at 771). As we stated in Mintz, "If affirmed, the judgment of conviction could not be enforced and, if reversed, there is no person to try. Therefore, the appeal should not be heard but, since it cannot be heard, it can never be determined whether the judgment of conviction would stand, and this requires that the judgment of conviction be vacated and the indictment dismissed.” (Id., at 771.)

Accordingly, the Appellate Division correctly remitted the instant case to County Court with directions to vacate the conviction and dismiss the indictment. We are unpersuaded by and accordingly reject the People’s contention that defendant’s suicide should be deemed a waiver or forfeiture of the right to appeal (see, e.g., People v Sanchez, 65 NY2d 436, 443-444; People v Parker, 57 NY2d 136, 140-141).

Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa concur.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed in a memorandum.

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OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Defendant committed suicide while his appeal as of right from the judgment of conviction was pending in the Appellate Division. The Appellate Division dismissed his appeal and remitted to County Court with directions to vacate the conviction and dismiss the indictment. The People appeal from the Appellate Division order by permission of a Judge of this court.

[747]*747A defendant’s death during the pendency of a direct appeal to the Appellate Division abates the appeal and all proceedings in the prosecution from its inception (People v Mintz, 20 NY2d 753, 770, 771). The death places a defendant beyond the court’s power to enforce or reverse the judgment of conviction, thereby preventing effective appellate review of the validity of the conviction (id., at 771). As we stated in Mintz, "If affirmed, the judgment of conviction could not be enforced and, if reversed, there is no person to try. Therefore, the appeal should not be heard but, since it cannot be heard, it can never be determined whether the judgment of conviction would stand, and this requires that the judgment of conviction be vacated and the indictment dismissed.” (Id., at 771.)

Accordingly, the Appellate Division correctly remitted the instant case to County Court with directions to vacate the conviction and dismiss the indictment. We are unpersuaded by and accordingly reject the People’s contention that defendant’s suicide should be deemed a waiver or forfeiture of the right to appeal (see, e.g., People v Sanchez, 65 NY2d 436, 443-444; People v Parker, 57 NY2d 136, 140-141).

Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa concur.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed in a memorandum.

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Bluebook (online)

551 N.E.2d 91, 75 N.Y.2d 745, 551 N.Y.S.2d 890, 1989 N.Y. LEXIS 4392, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-matteson-ny-1989.

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