People v. Lopsey ( 2019 )

People v Lopsey (2019 NY Slip Op 02023)

People v Lopsey

2019 NY Slip Op 02023

Decided on March 15, 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 March 15, 2019
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ. (Filed Mar. 15, 2019.)
KA 18-00654.

[*1]THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

v

BARON LOPSEY, DEFENDANT-APPELLANT.

MEMORANDUM AND ORDER

Motion to dismiss granted. Memorandum: The matter is remitted to Oneida County Court to vacate the judgment of conviction and dismiss the indictment either sua sponte or on application of either the District Attorney or the counsel for defendant (see People v Matteson , 75 NY2d 745 [1989]).