People v Brown
2013 NY Slip Op 06286 [109 AD3d 1223]
September 27, 2013
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, October 30, 2013


The People of the State of New York, Respondent, v Yusef Brown, Appellant.

[*1]Motion to dismiss granted. Memorandum. The matter is remitted to Onondaga 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.