People v. Greene (19 A.D.3d 1182, 2005)

Motion to dismiss appeal granted. Memorandum: Appeal unanimously dismissed and matter remitted to Supreme Court, Erie County, to vacate the judgment of conviction and dismiss the indictment (see People v Matteson, 75 NY2d 745 [1989]). Present—Hurlbutt, J.P., Kehoe, Smith, Lawton and Hayes, JJ.