
    The People of the State of New York ex rel. Edwin H. Vella, Appellant, v. Daniel McMann, as Warden of Clinton Prison, Respondent.
   The judgment of conviction having been reversed and a new trial ordered (see People v. Vella, 21 N Y 2d 249), the appeal is dismissed as being academic, without costs. Gibson, P. J., Herlihy, Reynolds, Aulisi and Gabrielli, JJ., concur.  