Judgment of the Supreme Court, Westchester County, dated September 21, 1966, affirmed, without costs. We affirm dismissal of the writ on the ground that no reason of practicality or necessity was asserted to justify review of the matters raised by habeas corpus while relator's appeal from the judgment of conviction was pending ( People ex rel. Keitt v. McMann, 18 N.Y.2d 257, 262). We have considered the merits, however, and, were we not affirming dismissal on the procedural ground, we would have affirmed dismissal on the merits. Christ, Acting P.J., Rabin, Benjamin, Munder and Nolan, JJ., concur.