Opinion
Submitted November 10, 1980
Decided December 18, 1980
Motion to dismiss the appeal herein granted and the appeal dismissed 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 Diaz, 49 N.Y.2d 760; People v Del Rio, 14 N.Y.2d 165).