Majority
p. 850The People of the State of New York ex rel. Peter J. Kondrk, Respondent, against John F. Foster, as Warden of Auburn State Prison, Respondent. The People of the State of New York, Appellant.
Order reversed on the law, without costs of this appeal to either party, writ dismissed and relator remanded to the custody of the Warden of Auburn State Prison, Auburn, New York. The writ of habeas corpus is not available to the petitioner in this instance. (People ex rel. Wachowicz v. Martin, 293 N. Y. 361 .) All concur. (The order sustains a writ of habeas corpus and directs that relator be discharged from custody.) Present — Taylor, P. J., MeCurn, Larkin, Love and Vaughan, JJ. [ 190 Misc. 698 .]
Cases cited
- People ex rel. Wachowicz v. Martin 293 N. Y. 361 p. 850
- People ex rel. Kondrk v. Foster 190 Misc. 698 p. 850