Opinion
February 3, 1995
Present — Pine, J.P., Lawton, Wesley, Balio and Davis, JJ.
Motion to dismiss appeal granted; appeal 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).