
    The People of the State of New York ex rel. Robert Sylvester McKay, Appellant, v. Albert W. Skinner, as Sheriff of Monroe County, Respondent.
    Argued December 8, 1969;
    decided January 7, 1970.
    
      
      Robert F. Wood, Thomas F. Farrell and John T. Purves for appellant.
    
      John C. Little, Jr., District Attorney (Raymond E. Cornelius of counsel), for respondent.
   Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bebgan, Breitel, Jasen and Gibson.  