People v. Palmieri , 479 N.Y.S.2d 159 ( 1984 )

Motion to dismiss appeal taken by defendant granted and appeal dismissed upon the ground that the criminal prosecution has abated by reason of his death. (People v Darden, 52 NY2d 1015; People v Mintz, 20 NY2d 753, 770.) Mahoney, P. J., Casey, Weiss, Yesawich, Jr., and Levine, JJ., concur.