Summary
granting the dismissal of the appeal "upon the ground that appellant is not presently available to obey the mandate of the court in the event of an affirmance"
Summary of this case from Perez v. HaynesOpinion
Submitted October 29, 1973
Decided November 15, 1973
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, ERNEST L. SIGNORELLI, J.
George J. Aspland, District Attorney ( David F. Jordan of counsel), for motion.
Charles M. Schutzman opposed.
Motion granted and 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; People v. Del Rio, 14 N.Y.2d 165, and People v. Sullivan, 28 N.Y.2d 900).