People v. Deas (47 A.D.2d 733, 1975)

Motion to dismiss appeal granted 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. Casiel, 33 N Y 2d 791; People v. Howe, 32 N Y 2d 766; People v. Bel Bio, 14 N Y 2d 165.) Concur — Stevens, J. P., Kupferman, Lupiano, Capozzoli and Lane, JJ.