Opinion
May 4, 1978
Appeal from a judgment of the Supreme Court at Special Term, entered September 15, 1977 in Clinton County, which denied an application for a writ of habeas corpus, without a hearing. On March 23, 1978 the Court of Appeals reversed defendant's judgment of conviction and dismissed the indictment against him (People v West, 56 A.D.2d 955, revd 44 N.Y.2d 656). Consequently, the present appeal has been rendered moot. Appeal dismissed, as moot, without costs. Mahoney, P.J., Greenblott, Sweeney, Kane and Staley, Jr., JJ., concur.