People v. Mills , 841 N.Y.S.2d 917 ( 2007 )

Motion to dismiss granted. Memorandum: Appeal unanimously dismissed and matter remitted to Supreme Court, Monroe County to vacate the judgment of 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 NY2d 745 [1989]). Present—Scudder, EJ., Hurlbutt, Gorski, Martoche and Smith. JJ.