Mulligan v. Murphy

I am constrained to dissent from the decision about to be made. I believe that the petitioner was given the full benefit by the prison authorities of the provisions of chapter 473 of the Laws of 1960, repealing section 219 of the *226Correction Law and inserting a new section 219 in its place. The decision of the majority gives the petitioner an additional benefit which I believe has no sanction in a reasonable construction of the amendatory statute.

The petitioner was sentenced on April 18, 1949, to a term of 2 to 10 years. The petitioner was released on parole on May 16, 1950, owing 8 years, 6…