Opinion
Submitted April 6, 1998
Decided May 5, 1998
Defendant's motion to withdraw appeal granted. During the pendency of the appeal, defendant made himself unavailable to obey the mandate of the Court of Appeals in the event of an affirmance ( see, People v Figueroa, 82 N.Y.2d 819; People v Del Rio, 14 N.Y.2d 165). The application by letter, after the return date of the instant motion, to withdraw the motion, on the representation that defendant would make himself available at some future date, is denied.