Application, pursuant to CPLR 7002 (subd. [b], par. 2), for writ of habeas corpus denied as insufficient. It appears that petitioner’s appeal from the judgment of conviction is presently pending and that his motion for leave to appeal as a poor person and for assignment of counsel has been granted. Herlihy, P. J., Staley, Jr., Greenblott, Kane and Main, JJ., concur.