Motion by the People to dismiss appeal granted and appeal dismissed upon the ground that defendant is not presently available to obey the mandate of the Court of Appeals in the event of an affirmance (see, Matter of Robert E., 68 NY2d 980; People ex rel. Martinez v Walters, 63 NY2d 727; People v Casiel, 33 NY2d 791; People v Sullivan, 28 NY2d 900; People v Del Rio, 14 NY2d 165; People v Genet, 59 NY 80).

Judge Titone taking no part.