Opinion
Not published with other decisions of June 1989.
Present — Callahan, J.P., Doerr, Boomer, Green and Lawton, JJ.
Appeal dismissed as academic and matter remitted to Onondaga County Court to vacate the conviction and dismiss the indictment, sua sponte, or on application by the District Attorney or attorney who appeared for appellant (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).