
    The People of the State of New York ex rel. William R. Phillips, Appellant, v Harold J. Smith, as Superintendent of Attica Correctional Facility, Respondent.
   Appeal unanimously dismissed as academic (see Smith v Phillips, 455 US 209). (Appeal from judgment of Supreme Court, Wyoming County, Conable, J. — habeas corpus.) Present — Hancock, Jr., J. P., Callahan, Denman, Boomer and Schnepp, JJ.  