
    The People of the State of New York, Respondent, v Bidal Figueroa, Appellant.
    Submitted November 1, 1993;
    decided November 11, 1993
   Motion to dismiss appeal granted and appeal dismissed upon the ground that defendant is not presently available to obey the mandate of the Court of Appeals in the event of an affirmance (see, People v Burger, 70 AD2d 828; People v Casiel, 33 NY2d 791).  