
    The People of the State of New York, Respondent, v Gregory Diaz, Appellant.
    Submitted February 4, 1980;
    decided February 7, 1980
   Motion to dismiss the appeal herein granted and the appeal dismissed upon the ground that appellant is not presently available to obey the mandate of the Court of Appeals 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).  