Majority
p. 937
The People of the State of New York, ex rel. Jambs Smiley, Appellant, v. Warden, Manhattan House of Detention for Men, Respondent.
Decision is recalled and the order of this court entered on September 19, 1968 [ 30 A D 2d 936 ] is vacated. The appeals are to be placed on the calendar for the November 1968 Term of this court. Concur — Stevens, J. P., Eager, Capozzoli, McGivern and Rabin, JJ.