People v. Murray (23 A.D.3d 1159, 2005)

Motion to dismiss appeal granted. Memorandum: Appeal unanimously dismissed and matter remitted to Monroe County Court to vacate the judgment of conviction and dismiss the indictment (see People v Matteson, 75 NY2d 745 [1989]). (Appeal from Judgment of Monroe County Court, Frank P. Geraci, Jr., J.—Attempted Murder, 1st Degree). Present—Pigott, Jr., P.J., Green, Hurlbutt, Lawton and Hayes, JJ.