New York Court of Appeals, 1967

People v. Mintz

New York Court of Appeals · Decided July 7, 1967

20 N.Y.2d 753; 229 N.E.2d 712; 283 N.Y.S.2d 120; 1967 N.Y. LEXIS 1348

Cases that cite this one

46 later published cases cite this decision. The 25 that cite it most often are listed here.

Kirschenbaum v. Nassau County District Attorney (In re Vitta) (United States Bankruptcy Court, E.D. New York 2009)
Bamonte v. Charatan (District Court, S.D. New York 2023)
State v. Carlin (Alaska 2011)
State v. Carlin (Alaska 2011)
People v. Ekinici (New York Supreme Court 2002)
Fitzgerald v. Clarke (Neb. Ct. App. 2001)
People v. Matteson (N.Y. 1989)
People v. Baker (Appellate Division of the Supreme Court of New York 2026)
People v. Pariag (Appellate Division of the Supreme Court of New York 2025)
People v. Wisdom (Appellate Division of the Supreme Court of New York 2023)
MAJORS v. STATE (Okla. Crim. App. 2020)
People v. Sostre (Appellate Division of the Supreme Court of New York 2013)
People v. Sostre (Appellate Division of the Supreme Court of New York 2013)
People v. Grana (Appellate Division of the Supreme Court of New York 2006)
Nastasi v. Nastasi (Appellate Division of the Supreme Court of New York 2005)
People v. Griggs (Appellate Division of the Supreme Court of New York 2003)
People v. Marin (N.Y. 1996)
People v. Ineste (Appellate Division of the Supreme Court of New York 1996)
People v. Hendricks (Appellate Division of the Supreme Court of New York 1995)
People v. Baker (Appellate Division of the Supreme Court of New York 1995)
In re S. B. (NYC Family Court 1995)
People v. Castro (N.Y. 1994)
People v. Fulmore (N.Y. 1992)
People v. Craig (N.Y. 1991)
People v. Smith (N.Y. 1991)

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

*754Appeal dismissed in the following memorandum: The' Appellate Division correctly dismissed an appeal by the above-named defendant-appellant from his conviction in New York County of the crime of conspiracy, by reason of his death pending appeal to that court. The appeal to this court from the Appellate Division’s order should likewise be dismissed for the reason that the entire criminal prosecution has abated by reason of his death (see cases cited .at 83 ALB 2d 864-872 and in 6 ALB 2d Later Case Service, p. 538). 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. This should be done by the trial court on its own motion or on application by the District Attorney or on application by the attorneys who appeared for the defendant. [See 20 N Y 2d 770.]

Case-law data current through December 31, 2025. Source: CourtListener bulk data.