People v. Everson (20 A.D.3d 944, 2005)

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