
    The People of the State of New York, Respondent, v Richard Greene, Appellant.
    [796 NYS2d 265]
   Motion to dismiss appeal granted. Memorandum: Appeal unanimously dismissed 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 [1989]). Present—Hurlbutt, J.P., Kehoe, Smith, Lawton and Hayes, JJ.  