
    The People of the State of New York, Respondent, v Robert Perez, Appellant.
    Submitted January 12, 1976;
    decided February 17, 1976
    
      Robert M. Morgenthau, District Attorney, for motion.
    
      John Nicholas Iannuzzi opposed.
   Motion granted and 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 NY 80; People v Del Rio, 14 NY2d 165; People v Sullivan, 28 NY2d 900).  