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Motion granted and appeal unanimously dismissed as academic and matter remitted to Supreme Court, Erie County, to vacate the
*692 conviction and dismiss the indictment, sua sponte, or on application by the District Attorney or the attorney who appeared for defendant (see People v Mintz, 20 NY2d 770; People v Massaro, 78 AD2d 775, application for lv to app den 52 NY2d 835). (Appeal from judgment of Supreme Court, Erie County, Flynn, J. — criminal possession controlled substance, third degree.) Present — Dillon, P. J., Hancock, Jr., Doerr, Denman and Boomer, JJ.
Document Info
Citation Numbers: 90 A.D.2d 691, 455 N.Y.S.2d 1021, 1982 N.Y. App. Div. LEXIS 18796
Filed Date: 10/29/1982
Precedential Status: Precedential
Modified Date: 11/1/2024