
    The People of the State of New York ex rel. William R. Phillips, Appellant, v Harold J. Smith, as Superintendent of the Attica Correctional Facility, Respondent.
   — Judgment unanimously affirmed. Same memorandum as in People ex rel. Barnes v Smith, (70 AD2d 764). (Appeal from judgment of Wyoming Supreme Court — habeas corpus.) Present — Dillon, P. J., Cardamone, Simons, Callahan and Witmer, JJ.  