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

CourtNew York Court of Appeals

DecidedJune 25, 1958

StatusPublished

Cited by1 cases

This text of 152 N.E.2d 540 (MATTER OF PERILLO v. New York State Bd. of Parole) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

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.

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