SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT
February 7, 1969
THE PEOPLE OF THE STATE OF NEW YORK EX REL. LEE W. SIDNEY, APPELLANT,
J. EDWIN LA VALLEE, AS WARDEN OF CLINTON PRISON, RESPONDENT
Gibson, P. J., Aulisi, Staley, Jr., Cooke and Greenblott, JJ., concur.
The only contentions presented which are not fully contradicted by the record relate to the sufficiency of the evidence. These questions are, of course, for determination upon the appeal now pending in the Appellate Division, Fourth Department, from the judgment of conviction. (People ex rel. Fatuado v. McKendrick, 30 A.D.2d 581
, mot. for lv. to app. den. 22 N.Y.2d 642.)
Judgment dismissing writ of habeas corpus affirmed, without costs.
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