People v. Maxson (136 A.D.2d 887, 1988)

Appeal unanimously dismissed as academic and matter remitted to Cattaraugus 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 defendant (see, People v Mintz, 20 NY2d 770; People v Goldberg, 90 AD2d 691). (Appeal from judgment of Cattaraugus County Court, Sprague, J.—forgery, second degree and grand larceny, second degree.) Present— Denman, J. P., Boomer, Pine, Balio and Davis, JJ.