
    The People of the State of New York ex rel. Jack Cedar, Appellant, against Joseph H. Brophy, as Warden of Auburn State Prison, Respondent.
    Submitted March. 12, 1940;
    decided April 16, 1940.
    
      Henry A. Lowenberg for appellant.
    
      John J. Bennett, Jr., Attorney-General (Edward T. Boyle and Patrick H. Clune of counsel), for respondent.
   Appeal dismissed on the ground that no constitutional question is directly involved. No opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey and Conway, JJ. Taking no part: Sears and Lewis, JJ.  