| People v Cruz |
| 2012 NY Slip Op 09006 [101 AD3d 1700] |
| December 21, 2012 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant
to Judiciary Law § 431. |
| As corrected through Wednesday, February 6, 2013 |
| The People of the State of New York, Appellant, v Ismael J. Cruz, Also
Known as Junior, Also Known as June, Respondent. |
—[*1]—Motion to dismiss granted. Memorandum: The
matter is remitted to Supreme Court, Monroe County, to dismiss sua sponte or on application by the
District Attorney or the attorney who appeared for defendant-respondent that portion of the indictment
as it pertains to defendant-respondent (see People v Matteson, 75 NY2d 745 [1989]).
Present—Scudder, P.J., Smith, Centra, Fahey and Peradotto, JJ.