Appellate Division of the Supreme Court of New York, 2015

People v. Carey

Appellate Division of the Supreme Court of New York · Decided January 9, 2015 · Devine, Egan, Lahtinen, McCarthy

124 A.D.3d 982; 997 N.Y.S.2d 920

Cases that cite this one

2 later published cases cite this decision.

People v. Lewis (Appellate Division of the Supreme Court of New York 2021)
In re the Estate of Guay (New York Surrogate's Court 2017)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Defendant died on December 30, 2014. The criminal prosecution has abated by reason of defendant’s death, which occurred without this Court’s knowledge prior to this Court’s memorandum and order decided and entered January 8, 2015 (see People v Castro, 84 NY2d 976 [1994]; People v Grana, 32 AD3d 1052 [2006]).

Now, therefore, upon the Court’s own motion, it is ordered that the memorandum and order decided and entered January 8, 2015 is vacated and the appeal is dismissed, and it is further ordered that the matter is remitted to the County Court of Schenectady County to vacate the judgment of conviction and dismiss the accusatory instrument, sua sponte, or on application by the District Attorney or the attorney who appeared for defendant (see People v Matteson, 75 NY2d 745 [1989]; People v Pratt, 73 AD2d 698 [1979]).

Lahtinen, J.P, McCarthy, Egan Jr. and Devine, JJ., concur.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.