People ex rel. Kenny v. Jackson

Appeal from an order of the County Court of Clinton County dismissing a writ of habeas corpus and remanding the appellant to the custody of the respondent warden. The points raised upon this appeal are substantially the same as those raised in an earlier habeas corpus proceeding brought against the Department of Correction of the City of New York and others. The facts are fully set forth in the opinion of Matthew M. Levy, J., at Bronx County Special Term (People ex rel. Mahon v. Warden, 1 Mise 2d 267, affd. 2 A D 2d 876). While the appellant was on parole from a sentence to the Elmira…