People ex rel. Uebelmesser v. Carter
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, James M. Carter and others, from an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 9th day of October, 1916, directing the issuance of a peremptory writ of mandamus commanding the defendants to reconsider the application of the relator for a parole and to count as part of his minimum sentence of two years the time when he was actually confined in the Tombs…
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Appeal by the defendants, James M. Carter and others, from an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 9th day of October, 1916, directing the issuance of a peremptory writ of mandamus commanding the defendants to reconsider the application of the relator for a parole and to count as part of his minimum sentence of two years the time when he was actually confined in the Tombs prison after he had voluntarily surrendered himself and requested to he returned to the State prison. The relator, upon…
1Opinion of the Court
Jenks, P. J.:
The sole question is whether the Parole Board must count the 87 days that intervened May 19, 1915, and August 14, 1915, as part of the term of relator’s sentence. The period could not be considered by the Parole Board as part of the term of the convict’s sentence, because he was not during that period incarcerated in the State prison, the place prescribed by the sentence. Section 232 of article 9 of the Prison Law (Consol. Laws, chap. 43; Laws of 1909, chap. 47), relating to commutations, prescribes: “For the purpose of this article the term of imprisonment of each convict shall…
2Cases cited2 opinions
- Dolan's CaseMassachusetts Supreme Judicial Court · 1869
- Ex parte KingSupreme Court of Alabama · 1886
3Cited by4 opinions
- People ex rel. Jackson v. WeaverAppellate Division of the Supreme Court of the State of New York · 1951
- People ex rel. Siskind v. SilberglittNew York Supreme Court · 1957
- People v. PanicoNew York Supreme Court · 1964
- People v. PhelanNew York Supreme Court · 1926