
    Fourth Department,
    June, 1989
    (June 26, 1989)
    
    The People of the State of New York, Respondent, v James A. Matteson, Jr., Appellant.
    
      
      Not published with other decisions of June 1989.
    
   Appeal dismissed as academic and matter remitted to Onondaga County Court to vacate the conviction and dismiss the indictment, sua sponte, or on application by the District Attorney or attorney who appeared for appellant (see, People v Darden, 52 NY2d 1015; People v Mintz, 20 NY2d 770; People v Robidoux, 109 AD2d 1090). Present—Callahan, J. P., Doerr, Boomer, Green and Lawton, JJ.  