People ex rel. Brock v. Morhous
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—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;…
2Cases cited1 opinion
- People ex rel. Mercurio v. MorhousAppellate Division of the Supreme Court of the State of New York · 1945