People v. Grana

Motion to vacate memorandum and order of this Court decided and entered May 11, 2006 (29 AD3d 1084 [2006]), dismiss appeal and remit matter to the County Court of Saratoga County for further proceedings.

Upon the papers filed in support of the motion, and no papers having been filed in opposition thereto, it is ordered that the motion is granted upon the ground that the criminal prosecution 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 May 11, 2006 (see People v Castro, 84 NY2d 976 [1994]),…