
    Fourth Department,
    July, 1996
    (July 12, 1996)
    The People of the State of New York, Respondent, v Jimmie Allison, Appellant.
    [646 NYS2d 476]
   —Appeal unanimously dismissed as academic and matter remitted to Supreme Court to vacate conviction and dismiss indictment either sua sponte or on application by District Attorney or attorney who appeared for appellant (see, People v Matteson, 153 AD2d 793, affd 75 NY2d 745). (Appeal from Judgment of Supreme Court, Monroe County, Doyle, J.—Burglary, 1st Degree.) Present— Denman, P. J., Lawton, Wesley, Balio and Boehm, JJ.  