Opinion
December 19, 1994
Appeal from the Supreme Court, Queens County (Chetta, J.).
Ordered that the appeal is dismissed, and the matter is remitted to the Supreme Court, Queens County for further proceedings pursuant to CPL 460.50 (5).
This appeal is dismissed upon the ground that the defendant is not presently available to obey the mandate of the court in the event of an affirmance (see, People v Robinson, 28 N.Y.2d 900; People v Southerland, 136 A.D.2d 662). Mangano, P.J., Lawrence, Copertino, Krausman and Goldstein, JJ., concur.