
    The People of the State of New York ex rel. Charles Middleton, Respondent, v. John L. Zelker, as Superintendent of Green Haven Correctional Facility, Appellant.
    Argued January 10, 1975;
    decided February 18, 1975.
    
      
      Louis J. Lefkowitz, Attorney-General (David H. Berman and Samuel A. Hirshowitz of counsel), for appellant.
    
      Lewis H. Silverman and Bernard R. Bacharach for respondent.
   Concur: Judges Jones, Wachtler, Fuchsberg and Cooke. Chief Judge Breitel and Judges Jasen and Gabrielli dissent and vote to reverse on the dissenting memorandum at the Appellate Division.  