77 N.Y.2d 985 (1991)
The People of the State of New York, Respondent,
The People of the State of New York, Respondent,
v.
Robert Smith, Appellant.
Court of Appeals of the State of New York.
Argued January 4, 1991. Decided May 9, 1991.Appeal dismissed upon the ground that the criminal prosecution has abated by reason of defendant's death (People v Coker, 73 N.Y.2d 819; People v Ellis, 71 N.Y.2d 1012; People v Mintz, 20 N.Y.2d 753, 770).