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THE PEOPLE OF THE STATE OF NEW YORK ex rel. ELMER J. BURKARDT, Appellant, v. JOHN ELSAESSER, Respondent.

Order affirmed, without costs. Memorandum: The record shows no jurisdictional defect in the commitment inasmuch as the relator was present in person before the court and pleaded guilty and thus waived any irregularity antecedent thereto. ( City of Buffalo v. Neubeck, 209 App. Div. 386; Matter of Blum, 9 Misc. 571; People v. Park, 92 id. 369; People ex rel. Wojek v. Henderson, 134 id. 228.) There can be no question of the court's jurisdiction of the subject-matter. All concur. (The order dismisses a writ of habeas corpus.)

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PEOPLE EX REL. BURKARDT v. ELSAESSER
(May 1, 1935)