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The People of the State of New York ex rel. Sherman Goodrich, against Walter B. Martin, as Warden of Attica State Prison, The People of the State of New York
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.) Present — Taylor, P. J., Harris, McCurn, Larkin and Love, JJ. [183 Misc. 790.]