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The People of the State of New York v. Russell C. Prout

December 21, 2012

THE PEOPLE OF THE STATE OF NEW YORK,
RESPONDENT,
v.
RUSSELL C. PROUT, JR.,
DEFENDANT-APPELLANT.



People v Prout

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 Monroe 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 Dec. 21, 2012.)

20121221

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