PEOPLE EX REL. BAI v. BROPHY

Order affirmed, without costs of this appeal to either party. Memorandum: The case of People ex rel. Romano v. Brophy ( 280 N.Y. 181) is distinguishable on the facts in that judgment of conviction recites that defendant pleaded guilty to attempted robbery, first degree, while armed. All concur. (The order dismisses a writ of habeas corpus and remands relator into custody.)