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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TIMOTHY HOWE, Appellant.

Ordered that the appeal is dismissed.

The defendant has absconded and therefore is unavailable to obey the mandate of the court in the event of an affirmance ( see, People v. Howe, 32 N.Y.2d 766, 767).

Mangano, P. J., Rosenblatt, Thompson, Joy and Goldstein, JJ., concur.

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PEOPLE v. HOWE
(Dec 16, 1998)