Order unanimously affirmed. Memorandum: If perchance appellant has any proof that he was under 16 years of age at the time of his conviction, the facts should be averred in a new petition. (People v. Smyth, 3 N Y 2d 184.) (Appeal from order of Cayuga Special Term, denying, without a hearing, application for a writ of habeas corpus.) Present —- Williams, P. J., Bastow, Henry, Del Vecchio and Marsh, JJ.