| People v Johns |
| 2012 NY Slip Op 06542 [98 AD3d 1328] |
| September 28, 2012 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau
pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, October 24, 2012 |
| The People of the State of New York, Respondent, v Edward A.
Johns, Appellant. |
—[*1]Motion to dismiss granted. Memorandum: Appeal
dismissed and the matter is remitted to Oneida County Court to vacate the judgment of
conviction and dismiss the indictment either sua sponte or on application of either the District
Attorney or the counsel for defendant (see People v Matteson, 75 NY2d 745 [1989]).
Present—Scudder, P.J., Smith, Centra, Fahey and Peradotto, JJ.