People v Bonaparte
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People v Bonaparte
2007 NY Slip Op 10403 [46 AD3d 1477]
December 21, 2007
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau
pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 13, 2008
The People of the State of New York, Respondent, v Richard Bonaparte, Appellant.
The People of the State of New York, Respondent, v Richard Bonaparte, Appellant.
—[*1]Motion to dismiss appeal granted. Memorandum: Appeal unanimously dismissed and matter remitted to Onondaga County Court 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]). (Appeal from Judgment of Onondaga County Court, William J. Burke, J.—Sodomy, 1st Degree). Present—Scudder, P.J., Hurlbutt, Gorski, Martoche and Smith, JJ.
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