99 N.Y.2d 570 (2003)
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
ROBERT JOHNSON, Appellant.
Court of Appeals of the State of New York.
Submitted December 30, 2002. Decided January 14, 2003.Motion to withdraw appeal granted, with prejudice. Defendant is not presently available to obey the mandate of the Court of Appeals in the event of an affirmance (see People v Figueroa, 82 NY2d 819).