People ex rel. Wilczpolski v. Murphy

Appellate Division of the Supreme Court of New York

People ex rel. Wilczpolski v. Murphy

256 A.D. 1024, 10 N.Y.S.2d 753, 1939 N.Y. App. Div. LEXIS 5925

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

DecidedMarch 22, 1939

StatusPublished

This text of 256 A.D. 1024 (People ex rel. Wilczpolski 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

People ex rel. Wilczpolski v. Murphy, 256 A.D. 1024, 10 N.Y.S.2d 753, 1939 N.Y. App. Div. LEXIS 5925 (N.Y. Ct. App. 1939).

Pincite

Opinion

Appeal from an order of the County Court of Clinton county, made September 19, 1938, denying relator’s application for a peremptory mandamus order requiring respondent to certify relator’s name to the Governor for computation of commutation and deduction of sentence, and dismissing a writ of habeas corpus. On November 6, 1929, relator was convicted of felony and sentenced to Elmira Reformatory. He was paroled July 22, 1931, on condition [1025]*1025that should he be convicted of crime while on parole he would be compelled to serve the balance of his “ term ” of five years in Elmira, in a penal institution, in addition to any sentence for the subsequent crime. On February 19, 1932, he was again convicted of felony, and sentenced to ten years in Clinton Prison. Thereupon the Commissioner of Correction transferred relator from Elmira Reformatory to Clinton Prison to serve the balance of the term unserved at Elmira, two years, eleven months, three days, before beginning the ten-year prison term. He was re-paroled during the balance of the Elmira term after one year, and began to serve the later term on February 19, 1933. Relator will not become eligible for parole until September 5,1939. Order unanimously affirmed. Present — Hill, P. J., Rhodes, McNamee, Bliss and Heffernan, JJ.

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

Appeal from an order of the County Court of Clinton county, made September 19, 1938, denying relator’s application for a peremptory mandamus order requiring respondent to certify relator’s name to the Governor for computation of commutation and deduction of sentence, and dismissing a writ of habeas corpus. On November 6, 1929, relator was convicted of felony and sentenced to Elmira Reformatory. He was paroled July 22, 1931, on condition [1025]*1025that should he be convicted of crime while on parole he would be compelled to serve the balance of his “ term ” of five years in Elmira, in a penal institution, in addition to any sentence for the subsequent crime. On February 19, 1932, he was again convicted of felony, and sentenced to ten years in Clinton Prison. Thereupon the Commissioner of Correction transferred relator from Elmira Reformatory to Clinton Prison to serve the balance of the term unserved at Elmira, two years, eleven months, three days, before beginning the ten-year prison term. He was re-paroled during the balance of the Elmira term after one year, and began to serve the later term on February 19, 1933. Relator will not become eligible for parole until September 5,1939. Order unanimously affirmed. Present — Hill, P. J., Rhodes, McNamee, Bliss and Heffernan, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

256 A.D. 1024, 10 N.Y.S.2d 753, 1939 N.Y. App. Div. LEXIS 5925, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-wilczpolski-v-murphy-nyappdiv-1939.