—Motion to dismiss appeal granted; motion to vacate order staying execution of judgment of conviction denied as unnecessary; motion for order of forfeiture denied. Memorandum: Defendant’s appeal is dismissed because it was not timely perfected (see, 22 NYCRR 1000.13 [e]). Alternatively, the ap peal must be dismissed because defendant “is not presently available to obey the mandate of [this Court] in the event of an affirmance” (People v Hill, 50 NY2d 894, mot to vacate denied 55 NY2d 800, rearg denied 55 NY2d 975). Present—Pine, J. P., Lawton, Callahan, Balio and Fallon, JJ.
People, Respondent, v. William Jones, Appellant
245 A.D.2d 1144666 N.Y.S.2d 529
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