People ex rel. Rainone v. Murphy

Order reversed on the law without costs of this appeal to any party, writ dismissed, and relator remanded to the custody of the Warden of Auburn State Prison. Memorandum: Both parties agree that the sole issue here is whether or not relator was serving his State sentence of ten years concurrently with the Federal sentence, the period being May 8, 1951 until March 24, 1954. During this period, although a New York State parole violator, he was confined at Leavenworth under a sentence imposed on February 21,1951, under a conviction in the United States District Court, Eastern District.…