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 oh 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.) Present — Crosby, P. J., Cunningham, Taylor, Dowling and Harris, JJ.