| People v Bonaparte |
| 2007 NY Slip Op 10403 [46 AD3d 1477] |
| December 21, 2007 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau
pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, February 13, 2008 |
| The People of the State of New York, Respondent, v Richard
Bonaparte, Appellant. |
—[*1]Motion to dismiss appeal granted. Memorandum:
Appeal unanimously dismissed and matter remitted to Onondaga 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]). (Appeal from Judgment of Onondaga County Court, William J. Burke,
J.—Sodomy, 1st Degree). Present—Scudder, P.J., Hurlbutt, Gorski, Martoche and
Smith, JJ.