
    The People of the State of New York, Respondent, v David Cotto, Appellant.
   Appeal unanimously dismissed as academic and matter remitted to Supreme Court, Erie County, to vacate the judgment of conviction and dismiss the indictment (see, People v Matteson, 75 NY2d 745). (Appeal from judgment of Supreme Court, Erie County, Marshall, J.—attempted robbery, second degree.) Present—Callahan, J. P., Denman, Green, Balio and Lowery, JJ.  