People v Alejandro

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People v Alejandro 2015 NY Slip Op 09562 Decided on December 23, 2015 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.

Decided on December 23, 2015
PRESENT: SCUDDER, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ. (Filed Dec. 23, 2015.)
KA 13-02039.

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

v

JASON J. ALEJANDRO, ALSO KNOWN AS JASON GINTHER, DEFENDANT-APPELLANT.

MEMORANDUM AND ORDER

Motion to dismiss granted. Memorandum: The matter is remitted to Erie 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).