Mulligan v. Murphy

The question is whether section 219 of the Correction Law as added by chapter 473 of the Laws of 1960, effective July 1,1960, applies beneficially to the petitioner. The chapter mitigates the treatment of parolees who are convicted of felonies committed while on parole. If petitioner is included within the new chapter, he will receive the benefit of having the computation of his delinquent time commence as of the date of delinquency rather than the date of parole. In other words, he will receive credit for his parole time up to delinquency with the result that he would have served out the…