People v. Roque (152 A.D.2d 1015, 1989)

Motion to dismiss appeal granted. Memorandum: Appellant is not presently available to obey the mandate of the court in the event of an affirmance (see, People v Shaw, 72 NY2d 838; People v Ward, 143 AD2d 538, 539). Present — Doerr, J. P., Denman, Boomer, Pine and Davis, JJ.