The People of the State of New York, Respondent, v. Julian A. Jovan, Defendant-Appellant.

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Supreme Court, Appellate Division, Fourth Department, New York.

The People of the State of New York, Respondent, v. Julian A. Jovan, Defendant-Appellant.

KA 13-01860

Decided: April 27, 2018

PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

The matter is remitted to Monroe 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 [1989]‚ÄČ).

Motion to dismiss granted.

Memorandum: