People ex rel. Brock v. Morhous

Appellate Division of the Supreme Court of New York

People ex rel. Brock v. Morhous

280 A.D. 853, 113 N.Y.S.2d 432, 1952 N.Y. App. Div. LEXIS 3899

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

DecidedJune 13, 1952

StatusPublished

This text of 280 A.D. 853 (People ex rel. Brock v. Morhous) 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

People ex rel. Brock v. Morhous, 280 A.D. 853, 113 N.Y.S.2d 432, 1952 N.Y. App. Div. LEXIS 3899 (N.Y. Ct. App. 1952).

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Opinion

—Appeal from an order of the Supreme Court at Special Term in Hudson Falls in Washington County which dismissed relator’s writ of habeas corpus. Appellant’s contention that the duration of his prison sentence in point of time continued while he was on parole is' untenable. His parole was lawfully accorded to him and constituted no unauthorized execution of his sentence. Having committed and been convicted of a felony while on parole he is being lawfully required to serve the remainder of his maximum sentence which was unserved at the date of his release on parole. (Correction Law, § 219; People ex rel. Mercurio v. Morhous, 269 App. Div. 796.) Order unanimously affirmed. Present — Foster, P. J., Heffernan, Brewster, Bergan and Coon, JJ.

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—Appeal from an order of the Supreme Court at Special Term in Hudson Falls in Washington County which dismissed relator’s writ of habeas corpus. Appellant’s contention that the duration of his prison sentence in point of time continued while he was on parole is' untenable. His parole was lawfully accorded to him and constituted no unauthorized execution of his sentence. Having committed and been convicted of a felony while on parole he is being lawfully required to serve the remainder of his maximum sentence which was unserved at the date of his release on parole. (Correction Law, § 219; People ex rel. Mercurio v. Morhous, 269 App. Div. 796.) Order unanimously affirmed. Present — Foster, P. J., Heffernan, Brewster, Bergan and Coon, JJ.

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Bluebook (online)

280 A.D. 853, 113 N.Y.S.2d 432, 1952 N.Y. App. Div. LEXIS 3899, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-brock-v-morhous-nyappdiv-1952.

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