Opinion
December 23, 1988
Appeal from the Cayuga County Court, Contiguglia, J.
Present — Dillon, P.J., Callahan, Denman, Green and Lawton, JJ.
Appeal unanimously dismissed as academic and matter remitted to Cayuga County Court to vacate the conviction and dismiss the indictment, sua sponte, or on application by the District Attorney or the attorney who appeared for the defendant (see, People v Darden, 52 N.Y.2d 1015; People v Mintz, 20 N.Y.2d 770; People v Robidoux, 109 A.D.2d 1090).