New York Supreme and/or Appellate Courts Appellate Division, Fourth Department
December 23, 2011
THE PEOPLE OF THE STATE OF NEW YORK,
People v Torres
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 December 23, 2011
MOTION NO. (1264/11)
MEMORANDUM AND ORDER
Motion to dismiss granted. Memorandum: The appeal is dismissed as academic, and the matter is remitted to Erie 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, GREEN, GORSKI, AND MARTOCHE, JJ. (Filed Dec. 23, 2011.)
© 1992-2011 VersusLaw Inc.