| THE PEOPLE V AL AMIN MCMILLON |
| Motion No: 638-23 |
| Slip Opinion No: 2024 NY Slip Op 70181(U) |
| Decided on June 14, 2024 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: SMITH, J.P., BANNISTER, OGDEN, GREENWOOD, AND NOWAK, JJ.
MOTION NO. 638-23
KA 22-00490
Indictment No: 20-01-013A
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V AL AMIN
MCMILLON, DEFENDANT-APPELLANT. |
Respondent having moved to vacate the memorandum and order of this Court, entered October 6, 2023, and dismiss the appeal taken herein from a judgment of the Ontario County Court, rendered March 22, 2022, on the ground that appellant has died during the pendency of the appeal,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, the memorandum and order of this Court, entered October 6, 2023, is vacated, and the appeal is dismissed (see People v Lewis, 196 AD3d 968, 968-969 [3d Dept 2021], see generally People v Matteson, 75 NY2d 745, 747 [1989]).
Entered: June 14, 2024
Ann Dillon Flynn
Clerk of the Court