MATTER OF PERILLO v. New York State Bd. of Parole

New York Court of Appeals

MATTER OF PERILLO v. New York State Bd. of Parole

152 N.E.2d 540, 4 N.Y.2d 1013, 177 N.Y.S.2d 523, 1958 N.Y. LEXIS 936

New York Court of Appeals·Decided June 25, 1958·Published·Cited by 1 cases

Opinion

Per Curiam.

Even had the Federal crime of which petitioner

was convicted while on parole been a misdemeanor under New York law — a matter we do not pass upon since it was raised for the first time in this court — the petitioner would not be entitled to credit on his State sentence for the time served in the Federal penitentiary. The present case differs materially from People ex rel. Rainone v. Murphy (1 N Y 2d 367).

The order appealed from should be affirmed.

Chief Judge Conway and Judges Desmond, Dye, Fuld, Frqessel, Van Vookhis and Burke concur.

Order affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

Even had the Federal crime of which petitioner

was convicted while on parole been a misdemeanor under New York law — a matter we do not pass upon since it was raised for the first time in this court — the petitioner would not be entitled to credit on his State sentence for the time served in the Federal penitentiary. The present case differs materially from People ex rel. Rainone v. Murphy (1 N Y 2d 367).

The order appealed from should be affirmed.

Chief Judge Conway and Judges Desmond, Dye, Fuld, Frqessel, Van Vookhis and Burke concur.

Order affirmed.

MATTER OF PERILLO v. New York State Bd. of Parole, 152 N.E.2d 540, 4 N.Y.2d 1013, 177 N.Y.S.2d 523, 1958 N.Y. LEXIS 936 (N.Y. 1958).

Pincite

152 N.E.2d 540 (MATTER OF PERILLO v. New York State Bd. of Parole) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related