| People v Pavone |
| 2006 NY Slip Op 03438 [28 AD3d 1260] |
| April 28, 2006 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, June 21, 2006 |
| The People of the State of New York, Respondent, v Michael Pavone, Appellant. |
—[*1]Motion to dismiss appeal granted, the appeal is dismissed and the matter is remitted to Supreme Court, Erie County, to vacate the 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—Pigott, Jr., P.J., Hurlbutt, Scudder, Kehoe and Gorski, JJ.