Legal Opinion

People ex rel. Kelley v. Hunt

Appellate Division of the Supreme Court of the State of New York

Decided June 28, 1939PublishedCited by 2 opinions

1Opinion of the Court

Order affirmed, without costs of this appeal to either party. Memorandum: By virtue of the conditions annexed to the Governor’s commutation of relator’s definite sentence, the appellant became subject to the jurisdiction of the Board of Parole, as provided in section 218 of the Correction Law. (People ex rel. Ross v. Wilson, 275 N. Y. 169; People ex rel. La Fortuna v. Brophy, 253 App. Div. 871; affd., 278 N. Y. 640; People ex rel. Ross v. Lawes, 242 App. Div. 638.) Appellant is not entitled to have a jury pass upon the question as to whether he had violated the conditions of his parole.…

2Cases cited5 opinions

  1. People ex rel. Kurzynski v. HuntAppellate Division of the Supreme Court of the State of New York · 1937
  2. People Ex Rel. Ross v. WilsonNew York Court of Appeals · 1937
  3. People ex rel. Ross v. LawesAppellate Division of the Supreme Court of the State of New York · 1934
  4. People ex rel. Ambrosio v. BrophyAppellate Division of the Supreme Court of the State of New York · 1938
  5. People Ex Rel. La Fortuna v. BrophyNew York Court of Appeals · 1938

3Cited by2 opinions

  1. 2Court of Appeals for the Second Circuit · 2017
  2. Pyskaty v. Wide World of Cars, LLCCourt of Appeals for the Second Circuit · 2017

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