
    The People of the State of New York, Respondent, v Robert Johnson, Appellant.
    Submitted December 30, 2002;
    decided January 14, 2003
   Motion to withdraw appeal granted, with prejudice. Defendant is not presently available to obey the mandate of the Court of Appeals in the event of an affirmance (see People v Figueroa, 82 NY2d 819).  