People v. Johncox (24 A.D.3d 1326, 2005)

to proceed as a poor person dismissed as moot and appeal dismissed. Memorandum: Appeal unanimously dismissed and matter remitted to Wayne County Court to vacate the judgment of conviction and dismiss the indictment (see People v Matteson, 75 NY2d 745 [1989]). Present—Green, J.P., Scudder, Gorski, Martoche and Hayes, JJ.