| People v Gardner |
| 2025 NY Slip Op 05446 [242 AD3d 1578] |
| October 3, 2025 |
| 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 David Gardner, Appellant. |
—Motion to dismiss appeal granted. Matter remitted to Supreme Court, Monroe County, to vacate judgment of conviction and dismiss indictment (see People v Matteson, 75 NY2d 745, 747 [1989]). Present—Whalen, P.J., Lindley, Curran, Bannister and Montour, JJ.