| People v Dunn |
| 2010 NY Slip Op 03750 [72 AD3d 1659] |
| April 30, 2010 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau
pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, June 9, 2010 |
| The People of the State of New York, Respondent, v Kevin Dunn,
Appellant. |
—[*1]Motion to dismiss 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 [1989]).
Present—Scudder, P.J., Martoche, Smith, Centra and Fahey, JJ.