People v. Jarosz

—Motion to dismiss appeal granted; appeal 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). Present—Pine, J. P., Lawton, Wesley, Balio and Davis, JJ.