Opinion
June 23, 1941.
Appeal from an order dismissing a writ of habeas corpus and remanding the prisoner Harry Miller to the custody of the warden of Sing Sing Prison. Order affirmed, without costs. The appellant's grievances are without substance. Assuming, however, that they presented substantial error, his remedy was by appeal. (Code Crim. Proc. § 543; People v. Bretton, 144 App. Div. 282; People v. Rosen, 150 id. 595.) Lazansky, P.J., Hagarty, Carswell, Taylor and Close, JJ., concur.