
    The People of the State of New York, Respondent, v Richard P. Santorri, Appellant.
   Appeal unanimously dismissed as academic and matter remitted to Erie County Court 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). (Appeal from judgment of Erie County Court, La Mendola, J. — sexual abuse, first degree.) Present — Simons, J.P., Hancock, Jr., Callahan, Doerr and Denman, JJ.  