Erhardt v. New York State Board

On March 10, 1930, the petitioner Erhardt was sentenced by the Broome County Court to a definite sentence, ten-years imprisonment, in Auburn State Prison upon his plea of guilty to the crime of grand larceny, second degree, while armed. By reason of credits for time spent in jail, his prison term under the sentence would have expired December 22,1939. His sentence was commuted by the Governor on January 31, 1935. This commutation contained the usual felony provision that if during the period between the date of his release by reason of the Governor’s reduction of his sentence and the date of…