
    The People of the State of New York ex rel. Donald Duncan, Sr., Appellant, v. Harold W. Follette, as Warden of Green Haven Prison, Respondent.
   Rabin, Benjamin and Munder, JJ., concur; Brennan, Acting P. J., and Hopkins, J. dissent and vote to reverse the judgment and remand relator to the County Court, Dutchess County, for rearraignment and repleading, on the basis of their dissent in People ex rel. Gallagher v. Follette (27 A D 2d 664) and People ex rel. Butler v. Fay (27 AD 2d 663).  