Majority
p. 663The People of the State of New York ex rel. Joseph Emanuel, Respondent, against Daniel McMann, as Acting Warden of Clinton Prison, Appellant.
Order reversed on the law and facts and relator remanded to the custody of the Warden of Clinton Prison, Dannemora, New York, for the reasons stated in the ease of People ex rel. De Pasquale v. McMann ( 8 A D 2d 662 ). Foster, P. J., Coon, Gibson, Herlihy and Reynolds, JJ., concur.