Majority
p. 675The People of the State of New York, Respondent, v. Carlos Joseph Prescott, Also Known as Carlos J. Garcia, Appellant.
Appeal unanimously dismissed, appellant being now deceased. As stated in People v. Mintz ( 20 N Y 2d 770 , 771) “ the entire criminal prosecution has abated by reason of his death ”. (Appeal from judgment of Monroe County Court, convicting defendant of murder and robbery, first degree.) Present — Marsh, J. P., Witmer, Gabrielli, Cardamone and Henry, JJ.