People v Hildreth

People v Hildreth 2012 NY Slip Op 02518 Decided on April 3, 2012 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on April 3, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
PETER B. SKELOS, J.P.
RUTH C. BALKIN
SHERI S. ROMAN
SANDRA L. SGROI, JJ.
2011-02513
(Ind. No. 1742/08)

[*1]The People of the State of New York, respondent,

v

Wilbur Hildreth, appellant.




O'Brien & O'Brien, LLP, Nesconset, N.Y. (Stephen L. O'Brien and
Scott Lockwood of counsel), for appellant.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Karla Lato
of counsel), for respondent.


DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Suffolk County (Braslow, J.), rendered February 28, 2011, convicting him of operating a motor vehicle while under the influence of alcohol or drugs and disorderly conduct, after a nonjury trial, and imposing sentence.

ORDERED that the appeal is dismissed as academic, and the matter is remitted to the County Court, Suffolk County, for further proceedings consistent with People v Mintz (20 NY2d 770).

The defendant died during the pendency of this appeal and, thus, the action has abated (see People v Mintz, 20 NY2d 770; People v Jenkins, 167 AD2d 422).
SKELOS, J.P., BALKIN, ROMAN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court