
    The People of the State of New York, Respondent, v Angelo Massaro, Appellant.
   Appeal unanimously dismissed as academic and matter remitted to Supreme Court, Erie County, 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). (Appeal from judgment of Erie Supreme Court — promoting gambling, first degree, and other charges.) Present — Simons, J. P., Hancock, Jr., Schnepp, Doerr and Witmer, JJ.  