| People v Irvin |
| 2021 NY Slip Op 02729 [193 AD3d 1443] |
| April 30, 2021 |
| 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 Timothy C. Irvin, Appellant. |
—Motion to dismiss granted. Memorandum: The matter is remitted to Chautauqua County Court to vacate the judgment of conviction and dismiss the indictment (see People v Matteson, 75 NY2d 745 [1989]). Present—Whalen, P.J., Smith, Centra, Peradotto and Carni, JJ.