Opinion
June 22, 1970
In a habeas corpus proceeding, relator appeals from a judgment of the Supreme Court, Dutchess County, dated January 30, 1969, which dismissed the writ. Judgment affirmed, without costs ( People ex rel. Allen v. Follette, 33 A.D.2d 1051; People ex rel. Baker v. Follette, 33 A.D.2d 1052; People ex rel. Smith v. Deegan, 32 A.D.2d 940). Christ, P.J., Rabin and Brennan, JJ., concur; Hopkins and Benjamin, JJ., concur under constraint of People ex rel. Allen v. Follette ( 33 A.D.2d 1051) and People ex rel. Baker v. Follette ( 33 A.D.2d 1052), although they adhere to the dissenting views expressed therein.