People v. Baker

Summary

The Appellate Division, Fourth Department dismissed the defendant's appeal from a judgment convicting him upon his guilty plea to first-degree sexual abuse. The dismissal followed the defendant's death after the trial court, on remittal, determined that the People were not timely ready for trial and dismissed the indictment under CPL 30.30.

Holdings

1. Because defendant died after the indictment was dismissed on remittal, the appeal must be dismissed under the circumstances presented.

Questions Presented

1. Whether the defendant's death required dismissal of the pending appeal after the indictment had been dismissed on remittal under CPL 30.30.

Disposition

dismissed