Majority
p. 1042The People of the State of New York ex rel. Charles Varelli, Appellant, against Joseph H. Brophy, as Warden and Agent of Auburn Prison, Respondent.
Order affirmed, without costs of this appeal to either party. All concur. (The order dismisses a writ of habeas corpus and remands relator to the custody of defendant.) Present — Cunningham, P. J., Taylor, Dowling, Harris and MeCurn, JJ.