Angione v. Murphy

Appellate Division of the Supreme Court of New York

Angione v. Murphy

257 A.D. 1020, 13 N.Y.S.2d 243, 1939 N.Y. App. Div. LEXIS 8931

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 13, 1939

StatusPublished

Cited by3 cases

This text of 257 A.D. 1020 (Angione v. Murphy) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Angione v. Murphy, 257 A.D. 1020, 13 N.Y.S.2d 243, 1939 N.Y. App. Div. LEXIS 8931 (N.Y. Ct. App. 1939).

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Opinion

Appeal from the denial of an application made under article 78 of the Civil Practice Act, for an order directing Murphy, the warden of Clinton Prison, to release petitioner. The Governor commuted the minimum of petitioner’s indeterminate sentence to permit the Parole Board to consider an application for release at any time from and after March 17, 1938. The original sentence of ten years minimum and twenty years maximum was pronounced September 26, 1931. The Parole Board could and did exercise its discretion by refusing the application for parole. (Correction Law, § 213; People ex rel. Atkins v. Jennings, 248 N. Y. 46.) Section 241 of the Correction Law does not apply. Order unanimously affirmed. Present — Hill, P. J., Crapser, Bliss and Heffernan, JJ.

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Appeal from the denial of an application made under article 78 of the Civil Practice Act, for an order directing Murphy, the warden of Clinton Prison, to release petitioner. The Governor commuted the minimum of petitioner’s indeterminate sentence to permit the Parole Board to consider an application for release at any time from and after March 17, 1938. The original sentence of ten years minimum and twenty years maximum was pronounced September 26, 1931. The Parole Board could and did exercise its discretion by refusing the application for parole. (Correction Law, § 213; People ex rel. Atkins v. Jennings, 248 N. Y. 46.) Section 241 of the Correction Law does not apply. Order unanimously affirmed. Present — Hill, P. J., Crapser, Bliss and Heffernan, JJ.

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Bluebook (online)

257 A.D. 1020, 13 N.Y.S.2d 243, 1939 N.Y. App. Div. LEXIS 8931, Counsel Stack Legal Research, https://law.counselstack.com/opinion/angione-v-murphy-nyappdiv-1939.

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