Opinion
May 23, 1945.
Present — Taylor, P.J., Dowling, Harris, McCurn and Larkin, JJ.
Order affirmed, without costs of this appeal to either party. Memorandum: The respondent's return, which is not traversed, discloses that the relator is now held, as a fourth offender, under the commitment of the Westchester County Court and not under a like commitment in 1928 of the Albany County Court as alleged in the petition. The defects of which he complains cannot be considered on habeas corpus. ( People ex rel. Carr v. Martin, 286 N.Y. 27; Matter of Morhous v. N.Y. Supreme Court, 293 N.Y. 131; People ex rel. Wachowicz v. Martin, 293 N.Y. 361; People ex rel. Martine v. Hunt, 294 N.Y. 651.) All concur. (The order dismisses a writ of habeas corpus and remands relator to the custody of defendant.)