
    The People of the State of New York, Respondent, v Robert Smith, Appellant.
    Argued January 4, 1991;
    decided May 9, 1991
   Appeal dismissed upon the ground that the criminal prosecution has abated by reason of defendant’s death (People v Coker, 73 NY2d 819; People v Ellis, 71 NY2d 1012; People v Mintz, 20 NY2d 753, 770).  