
    The People of the State of New York ex rel. Manuel Cruz, against Warden of the New York City Penitentiary.
   Motion denied having become academic by virtue of the decision of this court in People ex rel. Crus v. New York City Penitentiary (post, p. 1042). Concur — Botein, P. J., M. M. Frank, McNally, Stevens and Bastow, JJ.  