New York Supreme and/or Appellate Courts Appellate Division, Fourth Department
March 25, 2011
THE PEOPLE OF THE STATE OF NEW YORK,
KIMBERLY A. LEARN,
People v Learn
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on March 25, 2011
MEMORANDUM AND ORDER
Motion to dismiss granted. Memorandum: Appeal unanimously dismissed and matter remitted to Cattaraugus 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., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Filed Mar. 25, 2011.
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