NEW YORK SUPREME COURT, APPELLATE DIVISION, FOURTH DEPARTMENT
November 13, 2009
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
LAFAYETTE MELTON, APPELLANT.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 6, 2010
Motion to dismiss appeal granted.
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).
Present---Scudder, P.J., Hurlbutt, Martoche, Smith and Centra, JJ.
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