Opinion
KA 15-01689
03-15-2019
Memorandum:
Motion to dismiss granted.
The matter is remitted to Monroe County 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 N.Y.2d 745, 551 N.Y.S.2d 890, 551 N.E.2d 91 [1989] ).