Appeal unanimously dismissed. Memorandum: This is an appeal from a judgment of Supreme Court, Onondaga County, dismissing, following a hearing, appellant's writ of habeas corpus. Appellant was released from custody on January 8, 1975, on postconviction resentencing, to time served. Accordingly, the appeal should be dismissed as moot (CPLR 7002, subd. [a]; People ex rel Wilder v Markley, 26 N.Y.2d 648; People ex rel Butts v McMann, 24 N.Y.2d 772).