Opinion
Argued April 20, 1971
Decided May 12, 1971
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, EDWARD THOMPSON, J.
Edward J. Boyle for appellant.
Thomas J. Mackell, District Attorney ( Cornelius J. O'Brien of counsel), for respondent.
Appeal dismissed upon the ground that appellant is not presently available to obey the mandate of the court in the event of an affirmance. (See People v. Genet, 59 N.Y. 80, and People v. Del Rio, 14 N.Y.2d 165.)