
    The People of the State of New York, Respondent, v Richard L. Goldberg, Appellant.
   Motion granted and 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; People v Massaro, 78 AD2d 775, application for lv to app den 52 NY2d 835). (Appeal from judgment of Supreme Court, Erie County, Flynn, J. — criminal possession controlled substance, third degree.) Present — Dillon, P. J., Hancock, Jr., Doerr, Denman and Boomer, JJ.  