| People v Malone |
| 2011 NY Slip Op 06923 [87 AD3d 1418] |
| September 30, 2011 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau
pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, November 9, 2011 |
| The People of the State of New York, Respondent, v Joyce Malone,
Appellant. |
—[*1]Motion to dismiss granted. Memorandum: The
matter is remitted to Oswego County Court to vacate the judgment of conviction and dismiss the
indictment either sua sponte or on application by the District Attorney or the attorney who
appeared for appellant (see People v Matteson, 75 NY2d 745 [1989]).
Present—Scudder, P.J., Smith, Centra, Fahey and Peradotto, JJ.