176 A.D. 804 | N.Y. App. Div. | 1917
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 begin on the date of his or
An unreasonable detention of the convict in the Tombs might well be determined in a proper proceeding as unlawful or illegal. (See Matter of King, 82 Ala. 59; O’Neil v. State, 134 id. 189.) But it is not germane to this appeal to consider what remedies were open to the relator, whether mandamus, habeas corpus or a motion to punish the officer who detained him in the Tombs as for a contempt, or whether the relator would have remedy upon the case against his oppressor. Although the detention cannot be considered by the Parole Board, it might well be ground for appeal to the Executive clemency so that the time thereof could be taken into consideration as if it had been passed in the State prison.
The order is reversed, without costs, and the motion is denied, without costs.
Thomas, Mills, Rich and Putnam, JJ., concurred.
Order reversed, without costs, and motion, denied, without costs.