Opinion
KA 16-00163
09-27-2019
Motion to dismiss granted. Memorandum: The matter is 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 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] ).