Opinion
February 3, 1995
Present — Denman, P.J., Green, Fallon, Callahan and Boehm, JJ.
Motion for reconsideration granted to the extent that the order of this Court entered November 16, 1994 ( 209 A.D.2d 954) is vacated and matter is remitted to Monroe County 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).