Opinion
Argued June 8, 1972
Decided July 6, 1972
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, ERNEST L. COLUCCI, J.
Daniel J. Weinstein and Nathaniel A. Barrell for appellant.
Michael F. Dillon, District Attorney ( Marshall L. Goldstein of counsel), for respondent.
Order affirmed. Appellant's contention that there existed concurrent conflicting commitments became academic when the Narcotic Addiction Control Commission discharged appellant from its care and custody in order to serve his prison sentence (Mental Hygiene Law, § 211-a).
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.