
    The People of the State of New York, Respondent, v Angel Garcia, Appellant.
   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). (Appeal from judgment of Supreme Court, Erie County, Francis, J. — burglary, second degree.) Present — Callahan, J. P., Doerr, Denman, Lawton and Davis, JJ.  