Majority
p. 867The People of the State of New York ex rel. Charles Wright, Petitioner, v. Jerome W. Patterson, as Superintendent of the Eastern Correctional Facility, Respondent.
Application, pursuant to CPLR 7002 (subd. [b], par. 2), for writ of habeas corpus denied as insufficient. It appears that petitioner’s appeal from the judgment of conviction is presently pending and that his motion for leave to appeal as a poor person and for assignment of counsel has been granted. Herlihy, P. J., Staley, Jr., Greenblott, Kane and Main, JJ., concur.