Appellate Division of the Supreme Court of the State of New York March 17, 1995 (People ex rel. Smith v. Meloni)

—Judgment unanimously *1061reversed on the law and petition dismissed. Same Memorandum as in People ex rel. Bronson v Meloni (213 AD2d 1056 [decided herewith]). (Appeals from Judgment of Monroe County Court, Maloy, J.—Habeas Corpus.) Present—Pine, J. P., Fallon, Wesley, Balio and Boehm, JJ.