People v. Bacon (46 N.Y.2d 1073, 1979)

Motion to dismiss the appeal of appellant Bacon granted and said appeal dismissed upon the ground that appellant Bacon is not presently available to obey the mandate of the court in the event of an affirmance (see People v Del Rio, 14 NY2d 165; People ex rel. Mallin v Kuh, 38 NY2d 982).