People ex rel. Wiley v. Wilkins

'Order unanimously reversed and writ dismissed. Memorandum: 'The case of People ex rel. Rainone v. Murphy (1 N Y 2d 367) has no application to the facts here present. The New York Parole Board did not interrupt the service of the relator’s sentence. The interruption of service, if any, was caused by the affirmative act of the relator in refusing to waive extradition from California to New York- at the time that New York was seeking custody of him' under a warrant pursuant to section 283 of the Correction Law so that he could serve the balance of his sentence here. Had he been returned he…