
    The People of the State of New York ex rel. Robert R. Marshall, Appellant, v. Charles C. Cyrta, as Warden of the County Jail of Suffolk County, Respondent.
    Argued May 28, 1968;
    decided June 5, 1968.
    
      
      Robert M. Pitler for appellant.
    
      George J. Aspland, District Attorney (Joseph F. O’Neill of counsel), for respondent.
   Order affirmed on the authority of People ex rel. Gallagher v. Follette (22 N Y 2d 239, decided herewith).

Concur: Chief Judge Fui© and Judges Burke, Scileppi, Bergan, Keating, Breitel and Jasen.  