Opinion
June 25, 1970
Appeal from the Cayuga County Court.
Present — Del Vecchio, J.P., Witmer, Gabrielli and Henry, JJ.
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.)