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PEOPLE v. PAVONE

28 A.D.3d 1260 (2006)

813 N.Y.S.2d 347

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL PAVONE, Appellant.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

April 28, 2006.

Motion to dismiss appeal granted, the appeal is dismissed and the matter is remitted to Supreme Court, Erie County, to vacate the conviction and dismiss the indictment either sua sponte or on application of either the District Attorney or counsel for defendant (see People v. Matteson, 75 N.Y.2d 745

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