| People v Correia |
| 2017 NY Slip Op 00913 [147 AD3d 1463] |
| February 3, 2017 |
| 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 Michael Correia, Appellant. |
Motion to dismiss granted. Memorandum: The matter is remitted to Wayne 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—Whalen, P.J., Smith, Centra, Peradotto and Carni, JJ.