New York Court of Appeals, 1967

People v. Mintz

New York Court of Appeals · Decided September 21, 1967

20 N.Y.2d 770; 230 N.E.2d 722; 284 N.Y.S.2d 77; 1967 N.Y. LEXIS 1254

Cases that cite this one

19 later published cases cite this decision.

People v. Cruciani (Appellate Division of the Supreme Court of New York 2025)
People v. Hildreth (Appellate Division of the Supreme Court of New York 2012)
People v. Grana (Appellate Division of the Supreme Court of New York 2006)
People v. Ineste (Appellate Division of the Supreme Court of New York 1996)
People v. Baker (Appellate Division of the Supreme Court of New York 1995)
In re the Estate of Pikul (Appellate Division of the Supreme Court of New York 1993)
People v. Jenkins (Appellate Division of the Supreme Court of New York 1990)
People v. Matteson (Appellate Division of the Supreme Court of New York 1989)
People v. Maxson (Appellate Division of the Supreme Court of New York 1988)
People v. Green (Appellate Division of the Supreme Court of New York 1988)
People v. Martinez (Appellate Division of the Supreme Court of New York 1986)
People v. Coaxum (Appellate Division of the Supreme Court of New York 1985)
People v. Snype (Appellate Division of the Supreme Court of New York 1985)
People v. Vanderwerken (Appellate Division of the Supreme Court of New York 1984)
People v. Goldberg (Appellate Division of the Supreme Court of New York 1982)
People v. Santorri (Appellate Division of the Supreme Court of New York 1981)
People v. Massaro (Appellate Division of the Supreme Court of New York 1980)
People v. Santiago (Appellate Division of the Supreme Court of New York 1979)
People v. Pratt (Appellate Division of the Supreme Court of New York 1979)

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

Motion, considered as a motion to clarify the memorandum of the Court of Appeals handed down herein on July 7, 1967, granted and said memorandum amended to read as follows: Appeal dismissed in the following memorandum: The Appellate Division correctly dismissed an appeal by the above-named *771defendant-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 ALE 2d 864-872 and in 6 ALE 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 and the indictment dismissed. 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 753.]

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