New York Supreme and/or Appellate Courts Appellate Division, Fourth Department
September 30, 2011
THE PEOPLE OF THE STATE OF NEW YORK,
People v Malone
Decided on September 30, 2011
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.
MEMORANDUM AND ORDER
Motion to dismiss granted. Memorandum: The matter is remitted to Oswego County Court to vacate the judgment of conviction and dismiss the indictment either sua sponte or on application by the District Attorney or the attorney who appeared for appellant (see People v Matteson, 75 NY2d 745).
PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
(Filed Sept. 30, 2011.)
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