Majority
p. 733In the Matter of the Application of Harvey Bistany, Appellant, for an Order, under Article 78 of the Civil Practice Act, against Charles S. Golden, County Judge, and Charles P. Sullivan, District Attorney of the County of Queens, Respondents.
Order denying petitioner’s application for an order vacating a sentence theretofore imposed upon him by the County Court of Queens County and for a resentence and dismissing the petition and remanding the petitioner, unanimously affirmed. (People v. Hammersmith, 229 App. Div. 385 .) Present —■ Lazansky, P. J., Carswell, Adel, Taylor and Close, JJ.