People v Scott
2008 NY Slip Op 03945 [50 AD3d 1631]
April 25, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 18, 2008


The People of the State of New York, Respondent, v Elteadro Scott, Appellant.

[*1]Motion to dismiss appeal granted. Memorandum: Appeal unanimously dismissed and matter remitted to Monroe 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 Monroe County Court, Richard A. Keenan, J.—Unauthorized Use of a Motor Vehicle, 3rd Degree). Present—Scudder, P.J., Hurlbutt, Martoche, Smith and Centra, JJ.