Majority
p. 1015People, Respondent, v Jose Roque, Appellant.
Motion to dismiss appeal granted. Memorandum: Appellant is not presently available to obey the mandate of the court in the event of an affirmance (see, People v Shaw, 72 NY2d 838 ; People v Ward, 143 AD2d 538 , 539). Present — Doerr, J. P., Denman, Boomer, Pine and Davis, JJ.