Memorandum: Appeal unanimously dismissed and matter remitted to Cattaraugus County Court to vacate the judgment of conviction and dismiss the indictment either sua sponte or on application of either the District Attorney or counsel for defendant (see People v Matteson, 75 NY2d 745 [1989]). Present — Scudder, EJ., Smith, Centra, Fahey and Peradotto, JJ.
The People of the State of New York, Respondent, v. Kimberly A. Learn, Appellant
82 A.D.3d 1725918 N.Y.S.2d 916
Authorities cited
No cited authorities resolved to law.co cases yet.