The writ is dismissed and the prisoner is remanded.
The question raised by the relator on the hearing on this writ of habeas corpus was passed upon by this court as early as 1943, in the case of People ex rel. Pastor v. Ashworth (66 N.Y.S.2d 548), from which I quote the following: "Despite the statements made by the sentencing judge, the appellate courts have ruled that a sentence under...
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