Opinion
December 30, 1999
Appeal from Judgment of Supreme Court, Onondaga County, Brunetti, J. — Murder, 2nd Degree.
PRESENT: GREEN, J. P., LAWTON, WISNER, SCUDDER AND BALIO, JJ.
Appeal unanimously dismissed as moot and matter remitted to Supreme Court to vacate the judgment of conviction and dismiss the indictment either sua sponte or on application of the District Attorney or the attorney who appeared for appellant ( see, People v. Matteson, 153 A.D.2d 793, affd 75 N.Y.2d 745).