
    In the Matter of Jacob Bernoff, Respondent, against Edward J. Donovan, as Commissioner of Correction of the State of New York, Appellant.
   Order unanimously reversed and the petition dismissed. The record shows that the relator [petitioner] received a prison sentence and not a suspended sentence on counts 1 and 10 of the indictment. Present — Dore, J. P., Cohn, Callahan, Breitel and Bergan, JJ.  