Appellate Division of the Supreme Court of New York, 2005

People v. Everson

Appellate Division of the Supreme Court of New York · Decided July 1, 2005

20 A.D.3d 944; 797 N.Y.S.2d 350; 2005 N.Y. App. Div. LEXIS 7468

Opinion of the Court

Motion to dismiss *945appeal granted. Memorandum: Appeal unanimously dismissed and matter remitted to Ontario County Court to vacate the judgment of conviction and dismiss the indictment (see People v Matteson, 75 NY2d 745 [1989]). Present—Scudder, J.P., Kehoe, Gorski, Martoche and Smith, JJ.

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