People v. Ward

Appeal unanimously dismissed. Memorandum: Inasmuch as defendant is not presently avail*539able to obey the mandate of the court in the event of an affirmance, the appeal is dismissed (see, People v Shaw, 72 NY2d 838; People v Burger, 70 NY2d 828). (Appeal from judgment of Erie County Court, La Mendola, J. — bail jumping, second degree; criminal trespass, second degree.) Present— Denman, J. P., Boomer, Balio, Lawton and Davis, JJ.