People ex rel. Pitts v. Fay , 224 N.Y.S.2d 623 ( 1962 )

It appears that a timely notice of appeal has not been served from such order, and hence no appeal is pending in this court. It also appears that some, if not all, of the issues raised in this habeas corpus proceeding were raised by relator and considered by this court on the appeal from the original judgment of conviction (People v. Pitts, 11 A D 2d 697; motion for reargument denied 15 A D 2d 783). Beldock, P. J., Ughetta, Kleinfeld, Christ and Hopkins, JJ., concur.