Appellate Division of the Supreme Court of New York, 2011

People v. Learn

Appellate Division of the Supreme Court of New York · Decided March 25, 2011

82 A.D.3d 1725; 918 N.Y.S.2d 916

Opinion of the Court

Memorandum: Appeal unanimously dismissed and matter remitted to Cattaraugus County Court to vacate the *1726judgment of conviction and dismiss the indictment either sua sponte or on application of either the District Attorney or counsel for defendant (see People v Matteson, 75 NY2d 745 [1989]). Present — Scudder, EJ., Smith, Centra, Fahey and Peradotto, JJ.

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