People v Prout
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People v Prout
2012 NY Slip Op 09009
Released on December 21, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Released on December 21, 2012
KA 09-02215.
[*1]THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v
RUSSELL C. PROUT, JR., DEFENDANT-APPELLANT.
MEMORANDUM AND ORDER
Motion to dismiss granted. Memorandum: The matter is remitted to Monroe 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).
PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ. (Filed Dec. 21, 2012.)
Released on December 21, 2012
KA 09-02215.
[*1]THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v
RUSSELL C. PROUT, JR., DEFENDANT-APPELLANT.
MEMORANDUM AND ORDER
Motion to dismiss granted. Memorandum: The matter is remitted to Monroe 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).
PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ. (Filed Dec. 21, 2012.)
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