People ex rel. Nastassi v. Martin

Dr. Martin, warden of Clinton Prison, appeals from an order made at Special Term (Bbewsteb, J.) in habeas corpus, directing that respondent Joseph Nastassi be released from custody. It was determined that relator had been imprisoned beyond the term of his sentence.

Relator’s counsel argues that he should be credited as having served^ the time between Ms release on the first parole and the date when declared delinquent. This court has determined otherwise under like conditions. (People ex rel. Johnson v. Morhous, 267 App. Div. 932; cf. People ex rel. Sormberger v. Martin, 266 App. Div. 48.)

The…