Summary
The Appellate Division, Fourth Department granted the motion to dismiss the appeal in People v. Garrett. The matter was remitted to Supreme Court, Erie County, to vacate the judgment of conviction and dismiss the indictment.
Topics
Practice areas
Questions Presented
- Whether the defendant-appellant's motion to dismiss the appeal should be granted.
- What relief should be directed in Supreme Court, Erie County after dismissal of the appeal.
Holdings
- The motion to dismiss the appeal was granted.
Key quotations
“Motion to dismiss appeal granted. Matter remitted to Supreme Court, Erie County, to vacate judgment of conviction and dismiss indictment” ([*1])
Factual background
The opinion contains no substantive factual background concerning the alleged offense or the underlying proceedings. It identifies Marques Garrett as the defendant-appellant and refers to a judgment of conviction and indictment in Supreme Court, Erie County.
Procedural history
The opinion provides no underlying factual or procedural history beyond identifying the appeal as arising from a criminal judgment of conviction. The Appellate Division granted the motion to dismiss the appeal and remitted the matter to Supreme Court, Erie County, for specified relief.
Remand instructions
Matter remitted to Supreme Court, Erie County, to vacate the judgment of conviction and dismiss the indictment.