Majority
p. 905(May 27, 1961) The People of the State of New York ex rel. Jack E. Sizemore, Respondent, v. Robert E. Murphy, as Warden of Auburn State Prison, Defendant, and The People of the State of New York, Appellant.
Upon stipulation of the parties, order unanimously reversed on the law, without costs of this appeal to either party, writ dismissed, and relator remanded to the custody of the Warden of Aubum State Prison. (Appeal from order of Cayuga County Court sustaining the writ of habeas corpus and ordering the Warden of Auburn Prison to discharge relator from custody.) Present — Williams, P. J., Goldman, Halpern, MeClusky and Henry, JJ.