Majority
p. 792The People of the State of New York ex rel. Howard D. Neal, Appellant, v. Joseph H. Brophy, Warden of Auburn Prison, Auburn, New York, Respondent.
Order affirmed, without costs. Memorandum: We construe section 1945 of the Penal Law as having no application to the additional five years’ imprisonment imposed as provided by section 1944 of the Penal Law. All concur. (The order dismisses writ of habeas corpus and remands relator to custody.) Present — Sears, P. J., Edgcomb, Crosby, Cunningham and Taylor, JJ.