
    The People of the State of New York ex rel. Sixto Lopez, Jr., Appellant, v Harold J. Smith, as Superintendent of Attica Correctional Facility, Respondent.
   — Judgment unanimously reversed and petition granted for the reasons stated in the opinion in Matter of Jones v Smith (120 Misc 2d 445, affd 101 AD2d 705, lv granted 63 NY2d 601). (Appeal from judgment of Supreme Court, Wyoming County, Flynn, J. — habeas corpus.) Present — Dillon, P. J., Doerr, Denman, Boomer and Schnepp, JJ.  