Opinion
January 29, 1988
Appeal from the Cattaraugus County Court, Sprague, J.
Present — Denman, J.P., Boomer, Pine, Balio and Davis, JJ.
Appeal unanimously dismissed as academic and matter remitted to Cattaraugus 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 defendant (see, People v Mintz, 20 N.Y.2d 770; People v Goldberg, 90 A.D.2d 691).