Opinion
November, 1934.
Order affirmed. We affirm this order on the merits. No question as to practice is presented. All concur. (The order dismissed a writ of habeas corpus to release defendant, serving sentence of increased punishment for being armed with an imitation pistol prior to the amendment of section 1944 of the Penal Law, effective September 22, 1931; but, holding the increased sentence erroneous, ordered the relator to be resentenced.) [ 150 Misc. 163. ]