Majority
p. 532
The People of the State of New York ex rel. Robert Kasanof on Behalf of John D. Smith, Appellant, v. Albert N. Nenna, as Warden of Manhattan House of Detention for Men, Respondent.
Appeal dismissed without costs. Inasmuch as the defendant is now held under an indictment for murder, the appeal is moot, and the dismissal is without prejudice to consideration de novo of application for bail .to answer the indictment. Concur — Eager, J. P., Steuer, Capozzoli, Tilzer and Rabin, JJ.