Majority
p. 716The People of the State of New York ex rel. Benny Sabatino, Appellant, v. Edgar S. Jennings, as Agent and Warden of Auburn State Prison, Respondent.
— Motion to permit hearing of appeal on typewritten papers denied, on the ground that the decision of the Court of Appeals in same case on October 28,1927,[1] renders academic the question sought to be reviewed here. Present — Hubbs, P. J., Clark, Sears, Taylor and Sawyer, JJ.
† † tSee 246 N. Y. 258 . — [Rep.