People v. Everett , 2019 NY Slip Op 9242 ( 2019 )

People v Everett (2019 NY Slip Op 09242)

People v Everett

2019 NY Slip Op 09242

Decided on December 20, 2019

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 20, 2019
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ. (Filed Dec. 20, 2019.)
KA 17-01338.

[*1]THE PEOPLE OF THE STATE OF NEW YORK, APPELLANT, V

v

JALEN EVERETT, DEFENDANT-RESPONDENT.

Motion to dismiss granted. Memorandum: The matter is remitted to Monroe County Court to vacate the judgment of conviction and dismiss the indictment (see People v Matteson , 75 NY2d 745 [1989]).