Judgment unanimously affirmed. “ The pendency of relator’s appeal from the judgment of conviction rendered dismissal of the writ proper. (People ex rel. Keitt v. McMann, 18 N Y 2d 257, 262 * * *).” People ex rel. Garcia v. Warden, 28 A D 2d 682.) (Appeal from judgment of Cayuga County Court dismissing writ of habeas corpus.) Present — Del Vecchio, J. P., Witmer, Gabrielli and Henry, JJ.