¶1Appeal unanimously dismissed as academic and matter remitted to Supreme Court, Erie County, to vacate the judgment of conviction and dismiss the indictment (see, People v Matteson, 75 NY2d 745). (Appeal from judgment of Supreme Court, Erie County, Marshall, J.—attempted robbery, second degree.) Present—Callahan, J. P., Denman, Green, Balio and Lowery, JJ.
162 A.D.2d 1055
People v. Cotto
Appellate Division of the Supreme Court of the State of New York
Decided June 22, 1990
Appellate Division of the Supreme Court of the State of New York · decided 1990-06-22
Decided 1990-06-22