
    The People of the State of New York, Respondent, v Gregory M. Drayton, Appellant.
    Submitted November 9, 2009;
    decided December 17, 2009
    Reported below, 56 AD3d 1278.
   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]).  