523 N.Y.S.2d 439, 517 N.E.2d 1325
Court of Appeals of the State of New York.Submitted October 12, 1987
Decided November 12, 1987
Motion by the People to dismiss appeal granted and appeal dismissed upon the ground that defendant is not presently available to obey the mandate of the Court of Appeals in the event of an affirmance (see, Matter of Robert E., 68 N.Y.2d 980 People ex rel. Martinez v Walters, 63 N.Y.2d 727; People v Casiel, 33 N.Y.2d 791; People v Sullivan, 28 N.Y.2d 900; People v Del Rio, 14 N.Y.2d 165; People v Genet, 59 N.Y. 80).
Judge TITONE taking no part.