Majority
p. 420The People of the State of New York, ex rel. James Dempsey, Also Known as Robert Johnson, Appellant, v Theodore Reed, as Warden of New York Department of Correctional Services, Respondent.
—Judgment of the Supreme Court, Dutchess County (Palella, J.), dated May 6, 1983, affirmed, without costs or disbursements (see People ex rel. Mendolia v Superintendent, Green Haven Correctional Facility, 47 NY2d 779 ). Mangano, J. P., Gibbons, O’Connor and Brown, JJ., concur.