People v Harley
2024 NY Slip Op 06531
Decided on December 20, 2024
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.


Decided on December 20, 2024
PRESENT: WHALEN, P.J., SMITH, LINDLEY, CURRAN, AND BANNISTER, JJ. (Filed Dec. 20, 2024.)
KA 18-00251.

[*1]THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

v

DERRICK L. HARLEY, DEFENDANT-APPELLANT.


MEMORANDUM AND ORDER

Motion to dismiss appeal granted. Matter remitted to Supreme Court, Ontario County, to vacate judgment of conviction and dismiss indictment (see People v Matteson , 75 NY2d 745, 747 [1989]).