PEOPLE EX REL. RAINONE v. MURPHY


1 A.D.2d 754 (1955)

The People of the State of New York ex rel. Anthony Rainone, Respondent, v. Robert E. Murphy, as Warden of Auburn State Prison, Defendant. The People of the State of New York, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

December 29, 1955


Order reversed on the law without costs of this appeal to any party, writ dismissed, and relator remanded to the custody of the Warden of Auburn State Prison.

Memorandum:

Both parties agree that the sole issue here is whether or not relator was serving his State sentence of ten years concurrently with the Federal sentence, the period being May 8, 1951 until March 24, 1954. During this period, although a New York State parole violator, he was confined at Leavenworth...

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