Majority
p. 796The People of the State of New York ex rel. Robert White, Appellant, v. Edward M. Fay, as Warden of Green Haven Prison, Respondent.
Motion by appellant to appeal as a poor person and for assignment of counsel on his appeal from an order of the Supreme Court, Dutchess County; dated November 8,1960, dismissing a writ of habeas corpus. Motion denied with leave to renew on a showing of merit in the appeal. Nolan, P. J., Beldock, Ughetta, Christ and Brennan, JJ., concur.