250 A.D. 378 | N.Y. App. Div. | 1937
On the 21-st day of January, 1930, the relator was convicted of the crime of grand larceny in the first degree, and three days later he was sentenced to prison for a term of not less than three nor more than ten years. On July 1,1932, he was set at liberty on parole. On April 17, 1935, he was declared delinquent by the Board of Parole, and was returned to prison as a parole violator to serve out the remainder of his sentence.
But sections 697 and 698 were repealed
The action of the Parole Board in revoking relator’s parole, and in ordering him returned to prison, is not subject to review in this proceeding. The privilege granted him to be released from incarceration was withdrawn, and the judgment of the Board in that regard cannot be reviewed by the court in a habeas corpus proceeding. (People ex rel. LaPlaca v. Heacox, 238 App. Div. 217, 219; Matter of Hogan v. Canavan, 245 id. 391, 394; People ex rel. Sabatino v. Lawes, 127 Misc. 575; affd., 217 App. Div. 779; People ex rel. Schlechter v. Jennings, 130 Misc. 748, 751, 752; affd., 223 App. Div. 814.)
The relator insists, however, that the legality of his restraint must be judged not by the present statute, but by those in effect at the time he was convicted of the original crime, and when he was sentenced therefor. We cannot accept such a contention.
“ Parole is not a right, but a privilege, to be granted or withheld as discretion may impel.” (People ex rel. Cecere v. Jennings, 250 N. Y. 239, 241.) Appellant was in the legal custody and under
For the reasons stated, we think that the order appealed from should be affirmed, without costs.
All concur. Present — Sears, P. J., Edgcomb, Thompson, Lewis and Cunningham, JJ.
Order affirmed, without costs.
See Laws of 1930, chap. 38.— [Rep.