Majority
p. 880The People of the State of New York ex rel. Joseph Tomaselli, Respondent, v. Robert E. Murphy, as Warden of Auburn Prison, Appellant. The People of the State of New York, Appellant.
Order unanimously affirmed, with $25 costs and disbursements. (Appeal from order of Cayuga County Court sustaining the writ of habeas corpus and directing that relator be discharged from custody.) Present — Williams, P. J., Bastow, Goldman, McClusky and Henry, JJ.