White, J.
Following a jury trial, defendant was convicted of burglary in the third degree and sentenced as a second felony offender to an indeterminate prison term of 2 to 4 years. Defendant subsequently instituted this appeal; however, during its pendency defendant absconded from a work release program and a warrant was issued for his apprehension. Defendant's whereabouts are unknown and the People now move to dismiss the appeal, while counsel for defendant states that he has no knowledge of the location of defendant and that he has been unable to comply with 22 NYCRR 800.14.
Since defendant is not presently available to obey the mandate of County Court in the event of an affirmance, the appeal should be dismissed ( see, People v. Howe, 32 N.Y.2d 766; People v Sullivan, 28 N.Y.2d 900; People v. Del Rio, 14 N.Y.2d 165, cert denied 379 U.S. 939; Matter of Rios v. City of New York, 180 A.D.2d 801; People v. Southerland, 136 A.D.2d 662).
Cardona, P.J., Crew III, Yesawich Jr. and Spain, JJ., concur. Ordered that the appeal is dismissed.