Appeal dismissed, without costs, by the Court of Appeals sua sponte, upon the ground that appellant is not presently available to obey the mandate of the court in the event of an affirmance. (See People ex rel. Mallin v Kuh, 38 NY2d 982; People v Casiel, 33 NY2d 791; People v Del Rio, 14 NY2d 165; People v Genet, 59 NY 80).