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People, Mello v. Warden of Sing Sing Prison

Appellate Division of the Supreme Court of New York, Second Department
Apr 23, 1956
1 A.D.2d 977 (N.Y. App. Div. 1956)

Opinion

April 23, 1956


Appeal from an order dismissing a writ of habeas corpus. Appellant, while on parole from Clinton State Prison, was convicted of a misdemeanor and sentenced to the New York City Penitentiary. He seeks to be discharged from Sing Sing State Prison, to which he was returned following his release from the penitentiary, contending that the two sentences ran concurrently and that he is entitled to credit on the prison sentence for the time served in the penitentiary. Order affirmed. ( Matter of Sperling v. Moran, 277 App. Div. 778, motion for leave to appeal denied 301 N.Y. 816; People ex rel. Micieli v. Morhous, 279 App. Div. 1120, motion for leave to appeal denied 304 N.Y. 989; People ex rel. Lattuca v. McDonnell, 283 App. Div. 654. ) Nolan, P.J., Beldock, Murphy, Ughetta and Hallinan, JJ., concur.


Summaries of

People, Mello v. Warden of Sing Sing Prison

Appellate Division of the Supreme Court of New York, Second Department
Apr 23, 1956
1 A.D.2d 977 (N.Y. App. Div. 1956)
Case details for

People, Mello v. Warden of Sing Sing Prison

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. EUGENE MELLO, Appellant…

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

Date published: Apr 23, 1956

Citations

1 A.D.2d 977 (N.Y. App. Div. 1956)