Majority
p. 655The People of the State of New York ex rel. James Morrison, Appellant, against John F. Foster, as Warden of Auburn Prison, Respondent. Submitted October 2, 1946; decided October 17, 1946.
p. 656
Nathaniel L. Goldstein, Attorney-General (Wendell P. Brown, Patrick fl. Chine, W. S. Elder, Jr., and Irving I. Waxman of counsel), for respondent.
Appeal dismissed on the ground that no constitutional question is directly involved. No opinion. [See 296 N. Y. 748 .]
Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thacheb, Dye and Fuld, JJ.