
    The People of the State of New York, Respondent, v. Walter Lee Casiel, Appellant.
    Submitted October 29, 1973;
    decided November 15, 1973.
    
      
      George J. Aspland, District Attorney (David F. Jordan of counsel), for motion.
    
      Charles M. Schutsman 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 N. Y. 80; People v. Del Rio, 14 N Y 2d 165, and People v. Sullivan, 28 N Y 2d 900).  