
    The People of the State of New York, Respondent, v Dussie Sapi, Appellant.
    [864 NYS2d 338]
   Motion to dismiss appeal granted. Memorandum: Appeal unanimously dismissed and matter remitted to Oneida County Court to vacate the judgment of conviction and dismiss the indictment either sua sponte or on application of either the District Attorney or counsel for defendant (see People v Matteson, 75 NY2d 745 [1989]). (Appeal from Judgment of Oneida County Court, John S. Balzano, J.— Felony Driving While Intoxicated.) Present—Hurlbutt, J.P, Centra, Peradotto, Green and Gorski, JJ.  