People v. Sullivan — 28 N.Y.2d 900

Majority

p. 900

The People of the State of New York, Respondent, v. Joseph John Sullivan, Appellant.

Argued April 20, 1971;

decided May 12, 1971.

Edward J. Boyle for appellant.

Thomas J. MacTcell, District Attorney (Cornelius J. O’Brien of counsel), for respondent.'

p. 901

Appeal dismissed upon the ground that appellant is not presently available to obey the mandate of the court in the event of an affirmance. (See People v. Genet, 59 N. Y. 80 , and People v. Del Rio, 14 N Y 2d 165 .)