Citation Codes Equivalent Citations citation codes See more information ... Smart Summary Please sign up to generate summary. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JERRY FULMORE, Appellant. Motion to dismiss appeal granted and appeal dismissed upon the ground that the criminal prosecution has abated by reason of defendant's death (People v Ellis, 71 N.Y.2d 1012; People v Parker, 71 N.Y.2d 887; People v Pacheco, 67 N.Y.2d 631; People v Mintz, 20 N.Y.2d 753, 770).