Opinion
April 29, 1959
Appeal from the Cayuga County Court.
Present — Kimball, J.P., Williams, Bastow, Goldman and Halpern, JJ.
Order reversed on the law, without costs of this appeal to either party, writ dismissed, and relator remanded to the custody of the Warden of Auburn State Prison. Memorandum: Upon the facts presented by this record, it appears that the remedy of habeas corpus is not available to the relator. The court had jurisdiction of the person and the subject matter, and the sentence imposed was within the permissible limits ( People ex rel. Kern v. Silberglitt, 4 N.Y.2d 59; Matter of Hogan v. New York Supreme Court, 295 N.Y. 92; People ex rel. Meers v. Martin, 4 A.D.2d 659, affd. 4 N.Y.2d 898). All concur.