
    The People of the State of New York ex rel. Santos Ortiz, Appellant, v. Harold W. Follette, as Warden of Green Haven Prison, Respondent.
   In a habeas corpus proceeding, relator appeals from a judgment of the Supreme Court, Dutchess County, dated January 24, 1969, which dismissed the writ. Judgment affirmed, without costs (People ex rel. Baker v. Follette, 33 A D 2d 1052; People ex rel. Smith v. Deegan, 32 A D 2d 940; People ex rel. Coleman v. Follette, 33 A D 2d 575; Matter of Menechino v. Division of Parole, New York City, 32 A D 2d 761). Brennan, Acting P. J., Martuseello and Kleinfeld, JJ., concur; Hopkins and Benjamin, JJ., dissent and vote to reverse the judgment and to remand the matter to the Board of Parole for a new hearing, at which relator should be afforded counsel, with the following memorandum: We dissent for the reasons stated in our dissenting memorandum in People ex rel. Allen v. Follette (33 A D 2d 1051).  