| People v Rodgers |
| 2007 NY Slip Op 05127 [41 AD3d 1329] |
| June 8, 2007 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, August 15, 2007 |
| The People of the State of New York, Respondent, v Franklin T. Rodgers, Appellant. |
—[*1]Motion granted, appeal dismissed and the matter is remitted to Ontario County Court to vacate the judgment of conviction and dismiss the indictment either sua sponte or on the application of either the District Attorney or counsel who appeared for appellant (see People v Matteson, 75 NY2d 745 [1989]). Present—Scudder, P.J., Hurlbutt, Gorski, Martoche and Smith, JJ.