Citation Codes Equivalent Citations citation codes See more information ... Smart Summary Please sign up to generate summary. OPINION THE PEOPLE OF THE STATE OF NEW YORK ex rel. DAVID BLAIR, Appellant, v. JOHN T. DEEGAN, as Warden of Auburn Prison, Respondent. Judgment unanimously affirmed. "The pendency of relator's appeal from the judgment of conviction rendered dismissal of the writ proper. ( People ex rel. Keitt v. McMann, 18 N.Y.2d 257, 262 * * *)." People ex rel. Garcia v. Warden, 28 A.D.2d 682.)