In a habeas corpus proceeding, petitioner appeals from a judgment of the Supreme Court, Dutchess County, dated September 11, 1974, which dismissed the proceeding. Appeal dismissed as moot, without costs. Petitioner, having served his sentence, is no longer in respondent's custody (People ex rel. Miller v Follette, 33 A.D.2d 789). Rabin, Acting P.J., Hopkins, Latham, Christ and Brennan, JJ., concur.