People ex rel. Watkins v. Murphy

Order affirmed, without costs of this appeal to either party. Memorandum: Upon a finding that the crime which he committed in Texas while on parole from a New York conviction for assault second degree would have constituted a felony if committed in New York, the relator, pursuant to section 219 of the Correction Law, is presently serving that portion of the maximum term on the assault conviction which remained at the time of his parole. Article 1408 of the Texas Penal Code, of which he was convicted, defines robbery by assault as the fraudulent taking “ from the person or possession of…