Opinion
Argued March 15, 1973
Decided April 26, 1973
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, GEORGE POSTEL, J.
Stanley Neustadter and William E. Hellerstein for appellant.
Mario Merola, District Attorney ( Barbara J. Crum Neale and Steven J. Phillips 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. Sullivan, 28 N.Y.2d 900; People v. Del Rio, 14 N.Y.2d 165; People v. Genet, 59 N.Y. 80).