
    The People of the State of New York, Respondent, v Franklin T. Rodgers, Appellant.
    [836 NYS2d 450]
   Motion granted, appeal dismissed and the matter is remitted to Ontario County Court to vacate the judgment of conviction and dismiss the indictment either sua sponte or on the application of either the District Attorney or counsel who appeared for appellant (see People v Matteson, 75 NY2d 745 [1989]). Present—Scudder, P.J., Hurlbutt, Gorski, Martoche and Smith, JJ.  