People v Smith
2024 NYSlipOp 01494
March 15, 2024
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 1, 2024


[*1]
 The People of the State of New York, Respondent,
v
Tessa A. Smith, Appellant.

—Motion to dismiss appeal granted. Matter remitted to Ontario County Court to vacate judgment of conviction and dismiss indictment (see People v Matteson, 75 NY2d 745, 747 [1989]). Present—Whalen, P.J., Smith, Lindley, Curran and Bannister, JJ.