Opinion
December 22, 2005.
Present: Green, J.P., Scudder, Gorski, Martoche and Hayes, JJ.
Motion to proceed as a poor person dismissed as moot and appeal dismissed. Memorandum: Appeal unanimously dismissed and matter remitted to Wayne County Court to vacate the judgment of conviction and dismiss the indictment ( see People v. Matteson, 75 NY2d 745).