
13 N.Y.3d 902 (2009)
895 N.Y.S.2d 292
2009 NY Slip Op 91568
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
GREGORY M. DRAYTON, Appellant.
Motion No: 2009-1202.
Court of Appeals of New York.
Submitted November 9, 2009.
Decided December 17, 2009.
Motion to dismiss appeal granted and appeal dismissed upon the ground that the criminal prosecution has abated by reason of defendant's death (see People v Mintz, 20 NY2d 770, 771 [1967]).
