New York Supreme and/or Appellate Courts Appellate Division, Fourth Department
September 28, 2012
THE PEOPLE OF THE STATE OF NEW YORK,
EDWARD A. JOHNS,
People v Johns
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 September 28, 2012
MEMORANDUM AND ORDER
Motion to dismiss granted. Memorandum:
Appeal dismissed and the matter is remitted to Oneida County Court to vacate the judgment of conviction and dismiss the indictment either sua sponte or on application of either the District Attorney or the counsel for defendant (see People v Matteson, 75 NY2d 745).
PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ. (Filed Sept. 28, 2012.)
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