PEOPLE v. MOSES

Appeal dismissed, by the Court of Appeals sua sponte, upon the ground that appellant is not presently available to obey the mandate of the Court of Appeals in the event of an affirmance (see People v Genet, 59 N.Y. 80; People v Del Rio, 14 N.Y.2d 165; People v Sullivan, 28 N.Y.2d 900; People v Wardlow, 48 N.Y.2d 669).