People v Wilson
2010 NY Slip Op 03753 [72 AD3d 1660]
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 Willie L. Wilson, Jr., Appellant.

[*1]Motion to dismiss granted. Memorandum: Appeal unanimously dismissed and matter remitted to Ontario 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.