Opinion
Submitted February 23, 1976
Decided March 25, 1976
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, GEORGE ROBERTS, J.
Robert M. Morgenthau, District Attorney (Edward A. McDonald of counsel), for motion.
No one opposed.
Motion granted and appeal dismissed, without costs, upon the ground that appellant is not presently available to obey the mandate of the Court of Appeals in the event of an affirmance (see People v Genet, 59 N.Y. 80; People v Del Rio, 14 N.Y.2d 165; People v Sullivan, 28 N.Y.2d 900; cf. Matter of James H., 36 N.Y.2d 794).