
    The People of the State of New York ex rel. Herbert Erhardt, Appellant, v. John F. Foster, as Warden of Auburn State Prison, Respondent.
    Submitted April 4, 1949;
    decided April 20, 1949.
    
      Nathaniel L. Goldstein, Attorney-General (William S. Elder, of counsel), for motion.
    No one opposed.
   Motion granted and appeal dismissed on the ground that appellant has not surrendered himself into custody and is, therefore, not within the jurisdiction of the court. (See People v. Genet, 59 N. Y. 80 ; People ex rel. Hamilton v. Commissioner, 185 N. Y. 594.)  