
    Third Department,
    December, 1979
    (December 4, 1979)
    The People of the State of New York, Respondent, v Bernard Pratt, Jr., Appellant.
   Application to dismiss appeal by reason of defendant’s death granted and matter remanded to the trial 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 NY2d 770). Mahoney, P. J., Sweeney, Staley, Jr., Mikoll and Herlihy, JJ., concur.  