Opinion
Argued April 17, 1939
Decided April 18, 1939
Motion to amend remittitur granted. Return of remittitur requested, and when returned it will be amended by striking therefrom the words "and the relator discharged from custody" and substituting therefor the following: "and the relator to be discharged at the termination of his first sentence unless earlier discharged by the proper State authorities." This court merely declares the increased sentence to have been illegal. (See 280 N.Y. 181.)