243 A.D. 578 | N.Y. App. Div. | 1934
Order denying relator’s motion for a peremptory mandamus order requiring the defendants to credit him with an additional five days a month allowance as against his sentence and to certify his name to the Governor as eligible for a reduction of his term of imprisonment unanimously affirmed, as a matter of law and not in the exercise of discretion. The five days’ diminution of sentence to which the prisoner was entitled at the time he committed his crime was continued in the event of his earning the same under the term compensation as a consequence of chapter 348 of the Laws of 1931. This change did not operate to the detriment of the prisoner and was within legislative competence. The fact that the Legislature accorded to another group of prisoners different and preferential treatment gives rise to no grievance of which the prisoner may complain to other than the Legislature, since this preferential treatment in no wise diminished the