Milford v. New York State Department of Correction

Appeal from an order of the Supreme Court at Special Term which directed respondents to recompute the remaining time owed on petitioner’s sentence so as to credit against his maximum sentence all “good time” earned from the beginning of his minimum sentence. Special Term considered that this result was mandated by subdivision 4 of section 230 of the Correction Law, added by chapter 826 of the Laws of 1962, and seems to have found invalid, as in conflict therewith, the rule of the Commissioner of Correction providing: “Prisoners who have been paroled, declared delinquent and returned to…