
    (April 15, 1975)
    The People of the State of New York ex rel. Richard A. Stoloff, on Behalf of Michael Smith, Petitioner, v Joseph Wasser, as Sheriff of Sullivan County, Respondent.
   Application, pursuant to CPLR 7002 (subd [b], par 2), for writ of habeas corpus denied for legal insufficiency (CPL 180.70, subd 1; 70.10, subd 2; cf. People v Jackson, 69 Mise 2d 793, 799-800). In addition, the court notes that the same contentions were made in a prior application for habeas corpus relief which was denied by the Sullivan County Court (see CPLR 7003, subd [b]). Herlihy, P. J., Sweeney, Kane, Main and Larkin, JJ., concur.  