¶1— Motion to dismiss granted. Memorandum: Appeal unanimously dismissed and matter remitted to Erie County Court to vacate the judgment of conviction and dismiss the indictment either sua sponte or on application of either the District Attorney or counsel for defendant (see People v Matteson, 75 NY2d 745 [1989]). Present— Scudder, P.J., Martoche, Smith, Centra and Fahey, JJ.
72 A.D.3d 1659
People v. Dunn
Appellate Division of the Supreme Court of the State of New York
Decided April 30, 2010
Appellate Division of the Supreme Court of the State of New York · decided 2010-04-30
Decided 2010-04-30