| People v Alejandro |
| 2015 NY Slip Op 09562 [134 AD3d 1474] |
| December 23, 2015 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York, Respondent, v Jason J. Alejandro, Also Known as Jason Ginther, Appellant. |
Motion to dismiss granted. Memorandum: The matter is remitted to Erie 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, Peradotto and Carni, JJ.