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The People of the State of New York v. Kimberly A. Learn

March 25, 2011

THE PEOPLE OF THE STATE OF NEW YORK,
RESPONDENT,
v.
KIMBERLY A. LEARN,
DEFENDANT-APPELLANT.



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.

20110325

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