PEOPLE v. BURGER

Motion by the People to dismiss appeal granted and appeal dismissed upon the ground that defendant is not presently available to obey the mandate of the Court of Appeals in the event of an affirmance (see, Matter of Robert E., 68 N.Y.2d 980; People ex rel. Martinez v Walters, 63 N.Y.2d 727; People v Casiel, 33 N.Y.2d 791; People v Sullivan, 28 N.Y.2d 900; People v Del Rio, 14 N.Y.2d 165; People v Genet, 59 N.Y. 80).

Judge TITONE taking no part.