People ex rel. Clemente v. Warden of Auburn Prison

Relator appeals from an order of the Appellate Division which unanimously reversed on the law an order of the Cayuga County Court sustaining a writ of habeas corpus and directing relator’s release from custody.

Relator was sentenced on March 16, 1956, upon his plea of guilty to the crime of perjury, first degree, to an indeterminate term of imprisonment of from 2% to 5 years. He was received in State prison on March 22,1956, and credited with 11 months’ jail time served prior to sentence. The Prison Board of Auburn Prison, where he was confined, decided on January 24, 1957 that he was entitled…