Order modified by providing that the warden of Auburn State Prison be directed to return the relator to the county of Queens for resentence, and as modified affirmed, without costs, on the authority of People ex rel. Temple v. Brophy ( 248 App. Div. 442; affd., 273 N.Y. 487). All concur. (The order dismisses a writ of habeas corpus and remands relator to custody.)