New York Supreme and/or Appellate Courts Appellate Division, Fourth Department
December 21, 2012
THE PEOPLE OF THE STATE OF NEW YORK, APPELLANT,
ISMAEL J. CRUZ, ALSO KNOWN AS JUNIOR, ALSO KNOWN AS JUNE,
People v Cruz
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.
Released on December 21, 2012
MEMORANDUM AND ORDER
Motion to dismiss granted. Memorandum: The matter is remitted to Supreme Court, Monroe County, to dismiss sua sponte or on application by the District Attorney or the attorney who appeared for defendant-respondent that portion of the indictment as it pertains to defendant-respondent (see People v Matteson, 75 NY2d 745).
PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ. (Filed Dec. 21, 2012.)
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