Opinion
2011-12-23
The PEOPLE of the State of New York, Respondent, v. Juan TORRES, Defendant–Appellant.
MEMORANDUM:
The appeal is dismissed as academic, and the matter is remitted to Erie County Court to vacate the judgment of conviction and dismiss the indictment either sua sponte or on application by the District Attorney or the attorney who appeared for appellant ( see People v. Matteson, 75 N.Y.2d 745, 551 N.Y.S.2d 890, 551 N.E.2d 91).
Motion to dismiss granted.