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The People of the State of New York ex rel. George H. Hornbeck, Jr., against J. Vernel Jackson, as Warden of Clinton Prison
Appeal from an order of County Court, Clinton County, which dismissed a writ of habeas corpus. On relator’s prior appeal (6 A D 2d 924) we decided that the contention that there had been a merger of the crime of rape and sodomy on which he was convicted was not a jurisdictional question available on habeas corpus. By this writ of habeas corpus he seeks to determine that there was a double jeopardy arising from these same charges to which relator had pleaded guilty.
The record before us does not demonstrate double jeopardy; and where there has been a plea of guilty to separate crimes such a question would be deemed waived. Order affirmed. Bergan, J. P., Gibson, Herlihy and Reynolds, JJ., concur.