Opinion
No. KA 07-00927.
September 28, 2007.
Before: Present — Scudder, P.J., Hurlbutt, Gorski, Martoche and Smith, JJ.
Motion to dismiss granted. Memorandum: Appeal unanimously dismissed and matter remitted to Supreme Court, Monroe County to vacate the judgment 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).