PEOPLE v. JONES

Motion to dismiss appeal granted; motion to vacate order staying execution of judgment of conviction denied as unnecessary; motion for order of forfeiture denied. Memorandum: Defendant's appeal is dismissed because it was not timely perfected ( see, 22 NYCRR 1000.13 [e]). Alternatively, the appeal must be dismissed because defendant "is not presently available to obey the mandate of [this Court] in the event of an affirmance" ( People v. Hill, 50 N.Y.2d 894, mot to vacate denied 55 N.Y.2d 800, rearg denied 55 N.Y.2d 975).