New York Supreme and/or Appellate Courts Appellate Division, Fourth Department
December 21, 2012
THE PEOPLE OF THE STATE OF NEW YORK,
RUSSELL C. PROUT, JR.,
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.)
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