| People v Torres |
| 2011 NY Slip Op 09521 [90 AD3d 1593] |
| December 23, 2011 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau
pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, February 1, 2012 |
| The People of the State of New York, Respondent, v Juan Torres,
Appellant. |
—[*1]Motion to dismiss granted. Memorandum: The
appeal is dismissed as academic, and the matter is remitted to Erie 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, Green, Gorski and Martoche, JJ.