Opinion
KA 04-01686.
June 10, 2005.
Motion to dismiss appeal granted.
Before: Scudder, J.P., Kehoe, Gorski, Martoche and Smith, JJ.
Appeal unanimously dismissed and matter remitted to Onondaga County Court to vacate the judgment of conviction and dismiss the indictment ( see People v. Matteson, 75 NY2d 745).