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The People of the State of New York ex rel. Patsy La Sasso, against John F. Foster, as Warden of Auburn Prison, The People of the State of New York
Order modified on the law by striking therefrom all provisions of the ordering clauses except the one dismissing the writ and as modified affirmed, without costs of this appeal to any party. (See People ex rel. Mucciolo v. Snyder, 295 N. Y. 866.) All concur. (The order dismisses a writ of habeas corpus but directs that relator be returned to Kings County Court for resentence as a first offender.) Present — Taylor, P. J., Dowling, Harris, Larkin and Love, JJ.