People v. Merriweather , 115 A.D.2d 349 ( 1985 )

Motion to dismiss appeal granted and appeal unanimously dismissed upon the ground appellant is not presently available to obey the mandate of the court in the event of an affirmance (see, People ex rel. Martinez v Walters, 63 NY2d 727; People v Del Rio, 14 NY2d 165). (Appeal from judgment of Supreme Court, Erie County, Gaughan, J. — burglary, third degree.) Present — Hancock, Jr., J. P., Doerr, Denman, O’Donnell and Pine, JJ.