Majority
p. 751(December 7, 1984) The People of the State of New York, Respondent, v James S. Burns, Appellant.
Application to dismiss appeal taken by defendant granted, and appeal dismissed on the ground that the criminal prosecution has abated by reason of his death. (People v Darden, 52 NY2d 1015 .) Mahoney, P. J., Kane, Weiss, Yesawich, Jr., and Levine, JJ., concur.