Citation Codes Equivalent Citations citation codes Attorney(S) Robert M. Morgenthau, District Attorney (Edward A. McDonald of counsel), for No one See more information ... Smart Summary Please sign up to generate summary. THE PEOPLE OF THE STATE OF NEW YORK ex rel. BARRY MALLIN, on Behalf of DONALD BEAUCHENE, Appellant, v. RICHARD H. KUH, as District Attorney of the County of New York, et al., Respondents. Motion granted and appeal dismissed, without costs, 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; cf. Matter of James H., 36 N.Y.2d 794).