| People v Melton |
| 2009 NY Slip Op 08446 [67 AD3d 1459] |
| November 13, 2009 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau
pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, January 6, 2010 |
| The People of the State of New York, Respondent, v Lafayette
Melton, Appellant. |
—[*1]Motion to dismiss appeal granted. Memorandum:
Appeal unanimously dismissed and matter remitted to Erie 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).
Present—Scudder, P.J., Hurlbutt, Martoche, Smith and Centra, JJ.