Opinion
December 16, 1998
Appeal from the Supreme Court, Richmond County (Meyer, J.).
Ordered that the appeal is dismissed.
The defendant has absconded and therefore is unavailable to obey the mandate of the court in the event of an affirmance ( see, People v. Howe, 32 N.Y.2d 766, 767).
Mangano, P. J., Rosenblatt, Thompson, Joy and Goldstein, JJ., concur.