
    The People of the State of New York ex rel. Sidney Miller, Appellant, v David Harris, as Superintendent of the Green Haven Correctional Facility, Respondent.
   — In a habeas corpus proceeding, petitioner appeals from a judgment of the Supreme Court, Dutchess County, dated December 20, 1978, which dismissed the petition. Judgment affirmed, without costs or disbursements (see People ex rel. Schmidt v La Vallee, 39 NY2d 886). Mollen, P. J., Damiani, O’Connor and Rabin, JJ., concur.  