NEW YORK SUPREME COURT, APPELLATE DIVISION, FOURTH DEPARTMENT
December 30, 2009
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
DONALD SIGSBEE, APPELLANT.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 10, 2010
Motion to dismiss granted.
Appeal unanimously dismissed and matter remitted to Onondaga 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, Smith and Centra, JJ.
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