Appellate Division of the Supreme Court of New York, 2005

People v. Fleming

Appellate Division of the Supreme Court of New York · Decided September 30, 2005

21 A.D.3d 1438; 801 N.Y.S.2d 548

Opinion of the Court

Motion to dismiss appeal 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—Pigott, Jr., P.J., Hurlbutt, Gorski, Martoche and Lawton, JJ.

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