Majority
p. 758The People of the State of New York ex rel. Leon West, Appellant, v Eugene S. LeFevre, as Superintendent of the Clinton Correctional Facility, Respondent.
Appeal from a judgment of the Supreme Court at Special Term, entered September 15, 1977 in Clinton County, which denied an application for a writ of habeas corpus, without a hearing. On March 23, 1978 the Court of Appeals reversed defendant’s judgment of conviction and dismissed the indictment against him (People v West, 56
p. 759
AD2d 955 , revd 44 NY2d 656 ). Consequently, the present appeal has been rendered moot. Appeal dismissed, as moot, without costs. Mahoney, P. J., Greenblott, Sweeney, Kane and Staley, Jr., JJ., concur.