People v. Matteson

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.

*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…