Opinion
September 27, 1988
Appeal from the Erie County Court, La Mendola, J.
Present — Denman, J.P., Boomer, Balio, Lawton and Davis, JJ.
Appeal unanimously dismissed. Memorandum: Inasmuch as defendant is not presently available to obey the mandate of the court in the event of an affirmance, the appeal is dismissed (see, People v Shaw, 72 N.Y.2d 838; People v Burger, 70 N.Y.2d 828).