
    The People of the State of New York, Respondent, v. James T. Carter, Appellant.
   Appeal unanimously dismissed without prejudice to defendant’s right to renew the motion in Supreme Court, Chautauqua County after completion of the hearing to be held in the case of People v. Garter (33 A D 2d 1103) decided concurrently herewith. (Appeal from order of Chautauqua Supreme Court, denying without a hearing, motion to vacate judgment of conviction for kidnapping, rendered September 7, 1956.) Present — Del Vecchio, J. P., Marsh, Gabrielli, Bastow and Henry, JJ.  