People v. Gardner

2025 NY Slip Op 05446
Appellate Division of the Supreme Court of the State of New York·Decided October 3, 2025·No. KA 22-01430.·Published

Opinion

People v Gardner (2025 NY Slip Op 05446)

People v Gardner
2025 NY Slip Op 05446
Decided on October 3, 2025
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 October 3, 2025
PRESENT: WHALEN, P.J., LINDLEY, CURRAN, BANNISTER, AND MONTOUR, JJ. (Filed Oct. 3, 2025.)
KA 22-01430.

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

v

DAVID GARDNER, DEFENDANT-APPELLANT.


MEMORANDUM AND ORDER

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



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People v. Gardner, 2025 NY Slip Op 05446 (N.Y. Ct. App. 2025).

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Related

People v. Matteson
551 N.E.2d 91 (New York Court of Appeals, 1989)