Armone v. McHugh

This article 78 proceeding raises the question whether respondents acted properly in determining that certain crimes of which petitioner was convicted in the Federal jurisdiction are such as are felonies under the laws of New York State, and pursuant to section 219 of the Correction Law, petitioner must be compelled to serve in State prison the portions remaining of the maximum terms of sentences imposed heretofore by New York State courts. Respondents cross-move for dismissal of the petition for failure to state facts sufficient to justify the institution of an article 78 proceeding and that…