
    The People of the State of New York, Respondent, v Roy N. Johncox, III, Appellant.
    [805 NYS2d 867]
   to proceed as a poor person dismissed as moot and appeal dismissed. Memorandum: Appeal unanimously dismissed and matter remitted to Wayne County Court to vacate the judgment of conviction and dismiss the indictment (see People v Matteson, 75 NY2d 745 [1989]). Present—Green, J.P., Scudder, Gorski, Martoche and Hayes, JJ.  