
    The People of the State of New York ex rel. Alfred Mancuso, Appellant, v Victor Herbert, as Superintendent of Collins Correctional Facility, et al., Respondents.
    [710 NYS2d 296]
   Judgment unanimously affirmed without costs (see, People ex rel. Batista v Walker, 198 AD2d 865, Iv denied 83 NY2d 752). (Appeal from Judgment of Supreme Court, Erie County, Dillon, J. — Habeas Corpus.) Present — Pine, J. P., Wisner, Scudder and Lawton, JJ.  