
    The People of State of New York ex rel. James Davis, Appellant, v Warren D. Barkley, as Superintendent of Cape Vincent Correctional Facility, Respondent.
    [797 NYS2d 350]
   Judgment unanimously affirmed without costs. Counsel’s motion to be relieved of assignment granted (see People v Crawford, 71 AD2d 38 [1979]). (Appeal from Judgment of Supreme Court, Jefferson County, Hugh A. Gilbert, J.—Habeas Corpus). Present—Pigott, Jr., P.J., Green, Scudder, Martoche and Lawton, JJ.  