—Appeal unanimously dismissed as moot and matter remitted to Supreme Court to vacate the judgment of conviction and dismiss the indictment either sua sponte or on application of the District Attorney or the attorney who appeared for appellant (see, People v Matteson, 153 AD2d 793, affd 75 NY2d 745). (Appeal from Judgment of Supreme Court, Onondaga County, Brunetti, J. — Murder, 2nd Degree.) Present — Green, J. P., Lawton, Wisner, Scudder and Balio, JJ.
The People of the State of New York, Respondent, v. Clarence Paige, Appellant
267 A.D.2d 982700 N.Y.S.2d 906
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