
    The People of the State of New York ex rel. Mario Liberta, Appellant, v Harold J. Smith, as Superintendent of Attica Correctional Facility, Respondent.
   —Judgment unanimously reversed, on the law, and petition granted (see, mem in Matter of Flores v Smith, 126 AD2d 985). (Appeal from judgment of Supreme Court, Wyoming County, Dadd, J.—habeas corpus.) Present—Denman, J. P., Boomer, Balio, Lawton and Davis, JJ.  