Majority
p. 875The People of the State of New York ex rel. Jay Junior Hale, Appellant, v. Vincent R. Mancusi, as Warden of Attica State Prison, Respondent.
Judgment unanimously affirmed. Memorandum: Petitioner’s contention that he was improperly committed to the Elmira Reception Center upon his subsequent conviction, is without merit. The proscription in subdivision 1 of section 61 of the Correction Law is not applicable since at the time of the second sentence, petitioner was not then “ serving a sentence in such institution ”. (Appeal from judgment of Wyoming County Court, dismissing writ of habeas corpus.) Present — Del Vecchio, J. P., Witmer, Gabrielli, Bastow and Henry, JJ.