The People of the State of New York, Respondent, v. Kimberly A. Genson, Defendant-Appellant.

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

The People of the State of New York, Respondent, v. Kimberly A. Genson, Defendant-Appellant.

KA 17-02226

Decided: November 09, 2018

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

Motion to dismiss granted. Memorandum: The matter is remitted to Genesee 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]).