Majority
p. 618The People of the State of New York ex rel. Salvatore Atria et al., Respondents, v. Robert E. Murphy, as Warden of Auburn Prison, Respondent. The People of the State of New York, Appellant.
Order unanimously reversed, without costs of this appeal to either party, writ dismissed, and relator remanded to the custody of the Warden of Auburn Prison. Memorandum: The issues herein are controlled by our decision in People ex rel. Bell v. Murphy ( 18 A D 2d 17 ). Accordingly, the proceeding must be dismissed. (Appeal by People from order of Cayuga County Court sustaining a writ of habeas corpus and discharging relator.) Present Williams, P. J., Bastow, Goldman, McClusky and Noonan, JJ.
Cases cited
- People ex rel. Bell v. Murphy 18 A D 2d 17 p. 618