Majority
p. 760The People of the State of New York ex rel. George Ryan, Appellant, v. Joseph H. Brophy, as Warden of Auburn State Prison, Auburn, N. Y., Respondent.
Order affirmed on the ground that when the order of dismissal was made the relator was being lawfully detained under the first sentence. All concur. Present — Sears, P. J., Crouch, Taylor, Edgcomb and Crosby, JJ.