Opinion
January 16, 1945.
Present — Taylor, P.J., Harris, McCurn, Larkin and Love, JJ. [ 183 Misc. 790.]
Order so far as appealed from affirmed, without costs of this appeal to either party on the authority of People v. Gutterson ( 244 N.Y. 243) and People ex rel. Marks v. Brophy ( 293 N.Y. 469). All concur. (The portion of the order appealed from dismisses a writ of habeas corpus, but remands relator to the custody of the Sheriff of Wayne County for the purpose of imposing proper and legal sentence.)