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MATTER OF RICHETTI v. NEW YORK STATE BD. OF PAROLE

300 N.Y. 357 (1950)

In the Matter of Michael Richetti, Appellant, v. New York State Board of Parole et al., Respondents.

Court of Appeals of the State of New York.

Decided March 2, 1950

Attorney(s) appearing for the Case

Charles H. Gaffney for appellant.

Nathaniel L. Goldstein, Attorney-General (George A. Radz, Wendell P. Brown, Herman N. Harcourt and Thomas F. Saccoman of counsel), for respondents.

LOUGHRAN, Ch. J., LEWIS, DESMOND, DYE, FULD and FROESSEL, JJ., concur.

CONWAY, J.

We have presented for our consideration the construction to be given to the word "convicted" in section 242 of the Correction Law. That statute, prior to its amendment in 1948, provided insofar as applicable here: "Governor to annex condition to discharge. The governor shall * * * annex * * * a condition to the effect that if any such prisoner shall, during the period between the date of his discharge...

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