SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT
November 21, 1968
THE PEOPLE OF THE STATE OF NEW YORK EX REL. ROBERT KASANOF ON BEHALF OF JOHN D. SMITH, APPELLANT,
ALBERT N. NENNA, AS WARDEN OF MANHATTAN HOUSE OF DETENTION FOR MEN, RESPONDENT
Concur -- Eager, J. P., Steuer, Capozzoli, Tilzer and Rabin, JJ.
Inasmuch as the defendant is now held under an indictment for murder, the appeal is moot, and the dismissal is without prejudice to consideration de novo of application for bail to answer the indictment.
Appeal dismissed without costs.
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