Opinion
KA 13-02039.
12-23-2015
The PEOPLE of the State of New York, Respondent, v. Jason J. ALEJANDRO, also Known as Jason Ginther, Defendant–Appellant.
Opinion
MEMORANDUM:
The matter is remitted to Erie 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). Motion to dismiss granted.
SCUDDER, P.J., SMITH, CENTRA, PERADOTTO, and CARNI, JJ., concur.