Order affirmed, without costs of this appeal to either party.
I am unable to agree with the majority of the court that the order dismissing the writ of habeas corpus should be affirmed. Ordinarily, habeas corpus is not a remedy for testing the sufficiency of an indictment, in the absence of "exceptional circumstance[s]" (People ex rel. Sedlak v. Foster, 299 N.Y. 291, 293-294) or "unless there be a total lack of...
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