
    The People of the State of New York, Appellant, v Ismael J. Cruz, Also Known as Junior, Also Known as June, Respondent.
    [955 NYS2d 780]
   Memorandum: The matter is remitted to Supreme Court, Monroe County, to dismiss sua sponte or on application by the District Attorney or the attorney who appeared for defendant-respondent that portion of the indictment as it pertains to defendant-respondent (see People v Matteson, 75 NY2d 745 [1989]). Present — Scudder, P.J., Smith, Centra, Fahey and Peradotto, JJ.  