Majority
p. 803The People of the State of New York ex rel. Gino Albini, Appellant, v. Walter H. Wilkins, as Warden of Attica Prison, Respondent.
Order unanimously affirmed. Memorandum: At this time we do not reach or pass upon the validity of the conviction or sentence under the second count. (Appeal from order of Wyoming County Court dismissing writ of habeas corpus, following a hearing, and remanding relator to custody of warden.) Present — Williams, P. J., Bastow, Goldman, Noonan and Del Veechio, JJ.