| People v Mike |
| 2007 NY Slip Op 08738 [45 AD3d 1426] |
| November 9, 2007 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau
pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, January 16, 2008 |
| The People of the State of New York, Respondent, v Jeffel Mike,
Appellant. |
—[*1]Motion to dismiss granted. Memorandum: Appeal
unanimously dismissed and matter remitted to Supreme Court, Onondaga County, 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]). (Appeal from Judgment of Supreme Court, Onondaga County, John J. Brunetti,
A.J.—Criminal Sale of Controlled Substance, 3rd Degree). Present—Scudder, P.J.,
Hurlbutt, Gorski, Martoche and Smith, JJ.