Order affirmed. Dismissal of the complaint (instead of remission for a new arraignment) was proper here since defendant had already served his sentence of imprisonment (People v. Witenski, 15 N Y 2d 392). Since appellant appeals from that part only of the order which dismisses the complaint we make no determination as to the correctness of so much of the Appellate Term decision as holds that defendant was not properly informed of his rights.

Concur: Chief Judge Desmond and Judges Fuld, Van Vooehis, Burke, Scileppi, Bergan and Keating.