People v. Foster 272 A.D.2d 959

— Order reversed on the law, without costs of this appeal to any party, petition dismissed, and petitioner remanded to the custody of the Warden of Auburn State Prison. (See People ex rel. Erhardt v. Foster, 270 App. Div. 428.) All concur. (The order allows a writ of habeas corpus and directs the release and discharge of relator from custody.) Present — Taylor, P. J., Dowling, Harris, McCurn and Love, JJ.