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People v Smith, 2024 NYSlipOp 01494 [225 AD3d 1245]

March 15, 2024

Appellate Division, Fourth Department

[*1]

The People of the State of New York, Respondent,

v

Tessa A. Smith, Appellant.

—Motion to dismiss appeal granted. Matter remitted to Ontario County Court to vacate judgment of conviction and dismiss indictment ( see People v Matteson , 75 NY2d 745, 747 [1989]). Present—Whalen, P.J., Smith, Lindley, Curran and Bannister, JJ..