
    The People of the State of New York ex rel. Fred Smith, Jr., Appellant, v. Robert E. Murphy, as Warden of Auburn Prison, Respondent.
   — Order unanimously affirmed, without costs of this appeal to either party. Appellant specifically waived assignment of counsel upon this appeal. (Appeal from order of Cayuga County Court dismissing, following a hearing, writ of habeas corpus and remanding relator to custody of Warden.) Present — Bastow, J. P., Goldman, Henry, Noonan and Del Vecchio, JJ.  