| People v Learn |
| 2011 NY Slip Op 02331 [82 AD3d 1725] |
| March 25, 2011 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau
pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, May 11, 2011 |
| The People of the State of New York, Respondent, v Kimberly A.
Learn, Appellant. |
—[*1]Motion to dismiss granted. Memorandum: Appeal
unanimously dismissed and matter remitted to Cattaraugus 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., Smith, Centra, Fahey and Peradotto, JJ.