24 N.Y.2d 772 (1969)
The People of the State of New York ex rel. Miles Butts, Appellant,
The People of the State of New York ex rel. Miles Butts, Appellant,
v.
Daniel McMann, as Warden of Auburn State Prison, Respondent.
Court of Appeals of the State of New York.
Submitted March 3, 1969. Decided March 6, 1969.Peter E. Corning for motion.
Louis J. Lefkowitz, Attorney-General (Robert A. Contiguglia, Ruth Kessler Toch and Edwin W. Barry of counsel), opposed.
Motion dismissed as academic.