Majority
p. 899The People of the State of New York ex rel. Frank Coletti, Respondent, against Warden of Auburn Prison, Respondent. The People of the State of New York, Appellant.
Order unanimously reversed on the law, without costs to this appeal to any party, writ dismissed, and relator remanded to the custody of the Warden of Auburn Prison, upon the authority of People ex rel. Clemente v. Warden ( 10 A D 2d 57 ). (Appeal from order of Cayuga County Court sustaining the writ of habeas corpus and directing the discharge of relator.) Present — Williams, P. J., Bastow, Goldman, Halpern and Henry, JJ.
Cases cited
- People ex rel. Clemente v. Warden of Auburn Prison 10 A D 2d 57 p. 899