People v. Davis (212 A.D.2d 1066, 1995)

—Motion for reconsideration granted to the extent that the order of this Court entered November 16, 1994 (209 AD2d 954) is vacated and matter is remitted to Monroe County 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—Denman, P. J., Green, Fallon, Callahan and Boehm, JJ.