| People v Sigsbee |
| 2009 NY Slip Op 09992 [68 AD3d 1828] |
| December 30, 2009 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau
pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, February 10, 2010 |
| The People of the State of New York, Respondent, v Donald
Sigsbee, Appellant. |
Motion to dismiss 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]). Present—Scudder, P.J., Hurlbutt, Smith
and Centra, JJ.