People ex rel. Lopez v. Smith ( 1985 )

— Judgment unanimously reversed and petition granted for the reasons stated in the opinion in Matter of Jones v Smith (120 Misc 2d 445, affd 101 AD2d 705, lv granted 63 NY2d 601). (Appeal from judgment of Supreme Court, Wyoming County, Flynn, J. — habeas corpus.) Present — Dillon, P. J., Doerr, Denman, Boomer and Schnepp, JJ.