Opinion
March 1, 1982
Appeal by defendant from a judgment of the Supreme Court, Kings County (Moskowitz, J.), rendered May 28, 1981, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence. Appeal dismissed upon the ground that the defendant is not presently available to obey the mandate of this court in the event of an affirmance. (See People v. Hutchings, 40 N.Y.2d 836; People v. Parmaklidis, 38 N.Y.2d 1005; People v. Sullivan, 28 N.Y.2d 900; Matter of Whitley v. Cioffi, 74 A.D.2d 230.) Mangano, J.P., Thompson, Brown and Niehoff, JJ., concur.