Motion by appellant for leave to appeal as a poor person and for assignment of counsel on his appeal from a judgment of the Supreme Court, Westchester County, dated January 9, 1967, dismissing a writ of habeas corpus. Motion denied. It appears that the appeal is moot as appellant has been sentenced upon conviction of murder in the first degree and he is no longer in respondent’s custody. Brennan, Acting P. J., Rabin, Hopkins, Benajmin and Munder, JJ., concur.