From Casetext: Smarter Legal Research

People v. Mintz

Court of Appeals of the State of New York
Jul 7, 1967
20 N.Y.2d 753 (N.Y. 1967)

Summary

holding that appellant's death during a pending appeal "requires that the judgement of conviction be vacated"

Summary of this case from Majors v. State

Opinion

Argued May 23, 1967

Decided July 7, 1967

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, ABRAHAM J. GELLINOFF, J.

George H. Rosen and Robert M. Rosen for appellant.

Frank S. Hogan, District Attorney (Robert B. Sperling and Michael Juviler of counsel), for respondent.

Carl J. Silverstein for Sullivan County Bar Association, amicus curiae.


Appeal dismissed in the following memorandum: The Appellate Division correctly dismissed an appeal by the above-named defendant-appellant from his conviction in New York County of the crime of conspiracy, by reason of his death pending appeal to that court. The appeal to this court from the Appellate Division's order should likewise be dismissed for the reason that the entire criminal prosecution has abated by reason of his death (see cases cited at 83 ALR 2d 864-872 and in 6 ALR 2d Later Case Service, p. 538). If affirmed, the judgment of conviction could not be enforced and, if reversed, there is no person to try. Therefore, the appeal should not be heard but, since it cannot be heard, it can never be determined whether the judgment of conviction would stand, and this requires that the judgment of conviction be vacated. This should be done by the trial court on its own motion or on application by the District Attorney or on application by the attorneys who appeared for the defendant.


Summaries of

People v. Mintz

Court of Appeals of the State of New York
Jul 7, 1967
20 N.Y.2d 753 (N.Y. 1967)

holding that appellant's death during a pending appeal "requires that the judgement of conviction be vacated"

Summary of this case from Majors v. State
Case details for

People v. Mintz

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HYMAN E. MINTZ…

Court:Court of Appeals of the State of New York

Date published: Jul 7, 1967

Citations

20 N.Y.2d 753 (N.Y. 1967)
283 N.Y.S.2d 120
229 N.E.2d 712

Citing Cases

People v. Ekinici

In this court's opinion, the Court of Appeals has been inconsistent in its treatment of appeals where a…

People v. Ekinici

In this court's opinion, the Court of Appeals has been inconsistent in its treatment of appeals where a…