Majority
p. 992The People of the State of New York, Respondent, v Leroy Green, Appellant.
— Appeal unanimously dismissed as academic and matter remitted to Cayuga County Court to vacate the conviction and dismiss the indictment, sua sponte, or on application by the District Attorney or the attorney who appeared for the defendant (see, People v Darden, 52 NY2d 1015 ; People v Mintz, 20 NY2d 770 ; People v Robidoux, 109 AD2d 1090 ). (Appeal from judgment of Cayuga County Court, Contiguglia, J. — assault, second degree.) Present — Dillon, P. J., Callahan, Denman, Green and Lawton, JJ.