Opinion
KA 17-02226
11-09-2018
The PEOPLE of the State of New York, Respondent, v. Kimberly A. GENSON, Defendant-Appellant.
Motion to dismiss granted. Memorandum: The matter is remitted to Genesee 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] ).