| People v Greene |
| 2005 NY Slip Op 04982 [19 AD3d 1182] |
| June 10, 2005 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, August 24, 2005 |
| The People of the State of New York, Respondent, v Richard Greene, Appellant. |
—[*1]Motion to dismiss appeal granted. Memorandum: Appeal unanimously dismissed and matter remitted to Supreme Court, Erie County, to vacate the judgment of conviction and dismiss the indictment (see People v Matteson, 75 NY2d 745 [1989]). Present—Hurlbutt, J.P., Kehoe, Smith, Lawton and Hayes, JJ.