Order of Appellate Term dismissing the appeal for lack of prosecution reversed and the matter remitted to that court to reinstate the appeal and to grant defendant’s motion for leave to appeal as a poor person. It was error to deny such motion where indigency was alleged and was not controverted (People v. Pitts, 6 N Y 2d 288; Griffin v. Illinois, 351 U. S. 12).

Concur: Chief Judge Desmond and Judges Dye, Fuld, Van Voobhis, Burke, Scileppi and Bergan.