Opinion
Decided March 30, 1976
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department.
Arthur T. Cambouris for appellant.
Nicholas Ferraro, District Attorney (Joseph De Felice of counsel), for respondent.
Appeal dismissed by the Court of Appeals sua sponte upon the ground that appellant is not presently available to obey the mandate of the Court of Appeals in the event of an affirmance (see People v Genet, 59 N.Y. 80; People v Del Rio, 14 N.Y.2d 165; People v Sullivan, 28 N.Y.2d 900).