Appellate Division of the Supreme Court of New York, 2011

People v. Malone

Appellate Division of the Supreme Court of New York · Decided September 30, 2011

87 A.D.3d 1418; 930 N.Y.S.2d 505

Opinion of the Court

Memorandum:

The matter is remitted to Oswego County Court to vacate the judgment of conviction and dismiss *1419the indictment either sua sponte or on application by the District Attorney or the attorney who appeared for appellant (see People v Matteson, 75 NY2d 745 [1989]). Present — Scudder, EJ., Smith, Centra, Fahey and Peradotto, JJ.

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