Ordered that the appeal is dismissed.
No hearing has been held because the defendant cannot be located. It appears that the defendant is not currently incarcerated or under parole supervision.
We agree with the report of the hearing court (Linakis, J.) that diligent efforts to locate the defendant have been made. All such efforts have been unsuccessful.
The effect of the defendant's unexplained absence is that he is not available to obey the mandate of the court (cf., People v Howe, 32 N.Y.2d 766; People v Jimenez, 97 A.D.2d 799). Therefore, the appeal is dismissed. Thompson, J.P., Lawrence, Kunzeman, Rubin and Sullivan, JJ., concur.