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PEOPLE v. TORRES

KA 10-01619.

90 A.D.3d 1593 (2011)

934 N.Y.S.2d 883

2011 NY Slip Op 9521

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JUAN TORRES, Appellant.

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

Decided December 23, 2011.

Motion to dismiss granted. Memorandum: The appeal is dismissed as academic, and the matter is remitted to Erie County Court to vacate the judgment of conviction and dismiss the indictment either sua sponte or on application by the District Attorney or the attorney who appeared for appellant (see People v Matteson, 75 N.Y.2d 745

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