Decided December 18, 1984 Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Joseph Cohen, J. Mario Merola, District Attorney ( Peter D. Coddington of counsel), for appellant. Michele Maxian and Caesar D. Cirigliano for respondent. MEMORANDUM. The appeal should be dismissed. In May 1982, defendant was indicted for the criminal sale and possession of controlled substances. Thereafter, on application by defendant, the Supreme Court issued a subpoena duces tecum