Opinion
November 20, 1967
Judgment of the Supreme Court, Dutchess County, dated January 23, 1967, affirmed, without costs. Even assuming that the remedy of habeas corpus was available to appellant, under the circumstances appearing in the record, we believe it would be futile to remit the proceeding for a hearing ( People v. Murray, 25 A.D.2d 948). Brennan, Acting P.J., Rabin, Hopkins, Benjamin and Munder, JJ., concur.