Majority
p. 1063The People of the State of New York ex rel. Lemphis Jones, “Alias” Fred Jones, Appellant, v. Joseph H. Brophy, as Warden of State Prison at Auburn, New York, Respondent.
Order affirmed, without costs of this appeal to either party. All concur. (The order dismisses a writ of habeas corpus and remands relator into custody.) Present — Crosby, P. J., Cunningham, Taylor, Dowling and McCurn, JJ.