Majority
p. 1088The People of the State of New York ex rel. David Blair, Appellant, v. John T. Deegan, as Warden of Auburn Prison, Respondent.
Judgment unanimously affirmed. “ The pendency of relator’s appeal from the judgment of conviction rendered dismissal of the writ proper. (People ex rel. Keitt v. McMann, 18 N Y 2d 257 , 262 * * *).” People ex rel. Garcia v. Warden, 28 A D 2d 682 .) (Appeal from judgment of Cayuga County Court dismissing writ of habeas corpus.) Present — Del Vecchio, J. P., Witmer, Gabrielli and Henry, JJ.
Cases cited
- People ex rel. Keitt v. McMann 18 N Y 2d 257 at 262 p. 1088