
    The People of the State of New York ex rel. Charles B. Warren, Appellant, v Harold J. Smith, as Superintendent of the Attica Correctional Facility, Respondent.
   Appeal unanimously dismissed on the ground that since appellant has absconded, his appeal may not be heard (People v Del Rio, 14 NY2d 165; see People v Parmaklidis, 38 NY2d 1005). (Appeal from judgment of Wyoming County Court&emdash;habeas corpus.) Present&emdash;Marsh, P. J., Moule, Cardamone, Simons and Goldman, JJ.  