People v. Howe (32 N.Y.2d 766, 1973)

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).