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THE PEOPLE OF THE STATE OF NEW YORK ex rel. FRANK N. TARAS, Respondent-Appellant, against ROBERT J. KIRBY, as Warden of Sing Sing Prison, Respondent. THE PEOPLE OF THE STATE OF NEW YORK, Appellant-Respondent.

Order sustaining the writ of habeas corpus and returning the relator to the trial court for correction of sentence modified on the law by striking the word "sustained" from the first decretal paragraph and substituting in place thereof the word "dismissed." As thus modified, the order, insofar as appeals are taken, is affirmed. No opinion. Hagarty, Carswell, Johnston, Adel and Lewis, JJ., concur.

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PEOPLE EX REL. TARAS v. KIRBY
(Jun 21, 1943)