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Appellate Division of the Supreme Court of New York, 2014

People v. Cody

People v. Cody
Appellate Division of the Supreme Court of New York · Decided September 26, 2014 · Centra, Fahey, Peradotto, Scudder, Smith
120 A.D.3d 1613; 992 N.Y.S.2d 915
People v. Cody

Opinion of the Court

Motion to dismiss granted. Memorandum: The matter is remitted to Monroe *1614County 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 [1989]).

Present — Scudder, EJ., Smith, Centra, Fahey and Peradotto, JJ.

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