People v Roy N. Johncox

People v Johncox 2005 NY Slip Op 10087 [24 AD3d 1326] December 22, 2005 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 15, 2006

232—The People of the State of New York, Respondent, v Roy N. Johncox, III, Appellant.

—[*1]Motion to proceed as a poor person dismissed as moot and appeal dismissed. Memorandum: Appeal unanimously dismissed and matter remitted to Wayne County Court to vacate the judgment of conviction and dismiss the indictment (see People v Matteson, 75 NY2d 745 [1989]). Present—Green, J.P., Scudder, Gorski, Martoche and Hayes, JJ.