
    The People of the State of New York, Respondent, v Juan Cabrera, Appellant.
    Submitted April 6, 1998;
    decided May 5, 1998
   Defendant’s motion to withdraw appeal granted. During the pendency of the appeal, defendant made himself unavailable to obey the mandate of the Court of Appeals in the event of an affirmance (see, People v Figueroa, 82 NY2d 819; People v Del Rio, 14 NY2d 165). The application by letter, after the return date of the instant motion, to withdraw the motion, on the representation that defendant would make himself available at some future date, is denied.  