Judgment of the Supreme Court, Westchester County, dated May 24, 1966, affirmed, without costs. 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 v. Howard, 12 N.Y.2d 65, 66). The alleged illegality of relator's arrest, even if proved, would not have entitled him to post-conviction relief ( People v. Grant, 16 N.Y.2d 722, 723). Relator made no request for assignment of counsel at the hearing (cf. People v. Monahan, 17 N.Y.2d 310) and, unlike People ex rel. Williams v. La Vallee ( 19 N.Y.2d 238, 240), there was nothing in the petition or presented at the hearing which should have prompted the court to assign counsel as a matter of discretion. Christ, Acting P.J., Rabin, Benjamin, Munder and Nolan, JJ., concur.