Opinion
May 14, 1958
Appeal from the Wyoming County Court.
Present — McCurn, P.J., Kimball, Williams, Bastow and Goldman, JJ.
Order reversed upon the law, writ of habeas corpus dismissed, and relator remanded to the custody of the Warden of Attica Prison. Memorandum: The sentence imposed in this case was correct. The dismissal of the appeal in People v. Askew ( 3 A.D.2d 984) was subsequently vacated and motion for reargument granted ( 4 A.D.2d 853). Thereafter the judgment of conviction was reversed upon other grounds ( 5 A.D.2d 756). Upon reconsideration so much of our decision in 3 A.D.2d 984, as stated that the punishment there imposed "does not constitute a `sentence'" is withdrawn. All concur.