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People v. Louder

Citation: 2018 NY Slip Op 7651Docket: KA 18-00657

Court: Appellate Division of the Supreme Court of the State of New York; November 8, 2018; New York; State Appellate Court

Original Court Document: View Document

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In the case of People v. Louder (2018 NY Slip Op 07651), the Appellate Division, Fourth Department, decided on November 9, 2018, that the motion to dismiss the indictment against defendant Joshua M. Louder was granted. The court remitted the matter to Monroe County Court with instructions to vacate the judgment of conviction. The judgment can be dismissed either on the court's own initiative (sua sponte) or upon application by either the District Attorney or the defendant's counsel, referencing the precedent set in People v. Matteson, 75 NY2d 745 (1989). The decision is uncorrected and subject to revision before its official publication.