Majority
p. 1487The People of State of New York ex rel. Oscar Preston, Jr, Appellant, v Edward R. Donnelly, as Superintendent of Wende Correctional Facility, et al., Respondents. [769 NYS2d 778]
— Judgment unanimously affirmed without costs. Counsel’s motion to be relieved of assignment granted. (Appeal from Judgment of Supreme Court, Erie County, NeMoyer, J. — Habeas Corpus.) Present—Pigott, Jr., P.J., Green, Pine, Hurlbutt and Kehoe, JJ.