Opinion
July 12, 1996
Appeal from the Supreme Court, Monroe County, Doyle, J.
Present — Denman, P.J., Lawton, Wesley, Balio and Boehm, JJ.
Appeal unanimously dismissed as academic and matter remitted to Supreme Court to vacate conviction and dismiss indictment either sua sponte or on application by District Attorney or attorney who appeared for appellant ( see, People v. Matteson, 153 A.D.2d 793, affd 75 N.Y.2d 745).