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People ex Rel. Micieli v. Morhous

Appellate Division of the Supreme Court of New York, Third Department
May 7, 1952
279 App. Div. 1120 (N.Y. App. Div. 1952)

Opinion

May 7, 1952.

Appeal from Supreme Court, Washington County.

Present — Foster, P.J., Heffernan, Brewster, Bergan and Coon, JJ.


On May 20, 1938, relator was sentenced to prison for a felony for seven to fourteen years. He was paroled October 17, 1947, and was declared delinquent October 1, 1950, and March 2, 1951, was ordered held for his maximum sentence. While relator was on parole he was convicted in the New York City Magistrate's Court of jostling (Penal Law, § 722, subd. 6) and sentenced to six months in the workhouse. He is not entitled to credit on the main sentence for this time served; nor is he entitled to credit for any of the time that elapsed between the time his parole delinquency was declared and the time he was again in custody under the 1938 sentence on which he had been paroled. Order unanimously affirmed.


Summaries of

People ex Rel. Micieli v. Morhous

Appellate Division of the Supreme Court of New York, Third Department
May 7, 1952
279 App. Div. 1120 (N.Y. App. Div. 1952)
Case details for

People ex Rel. Micieli v. Morhous

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. THOMAS MICIELI, Appellant…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: May 7, 1952

Citations

279 App. Div. 1120 (N.Y. App. Div. 1952)

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