| People v Sapi |
| 2008 NY Slip Op 07556 [55 AD3d 1425] |
| October 3, 2008 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant
to Judiciary Law § 431. |
| As corrected through Wednesday, December 10, 2008 |
| The People of the State of New York, Respondent, v Dussie Sapi,
Appellant. |
—[*1]Motion to dismiss appeal granted. Memorandum: Appeal
unanimously dismissed and matter remitted to Oneida 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 Oneida County Court, John S. Balzano, J.—Felony Driving While Intoxicated.)
Present—Hurlbutt, J.P., Centra, Peradotto, Green and Gorski, JJ.