
    The People of the State of New York ex rel. Jack P. Koshak, Relator-Respondent, v. Robert E. Murphy, as Warden of Auburn Prison, Respondent, and The People of the State of New York, Appellant.
   Order unanimously reversed on the law, without costs of this appeal to either party, writ dismissed, and relator remanded to the custody of the Warden of Auburn Prison. Memorandum: This case is decided in accordance with the decision in People ex rel. Clemente v. Warden (10 A D 2d 57, affd. 9 N Y 2d 216). (Appeal from order of Cayuga County Court sustaining the writ of habeas corpus and ordering the Warden of Aiúmrn Prison to discharge relator from custody.) Present — Williams, P. J., Goldman, Halpem, MeClusky and Henry, JJ.  