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MATTER OF PERILLO v. McHUGH

8 A.D.2d 917 (1959)

In the Matter of Augustine Perillo, Appellant, v. Thomas J. McHugh, as Commissioner of Correction of The State of New York, et al., Respondents

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

June 17, 1959

While petitioner was released on parole under a felony conviction he was prosecuted and convicted by the Federal authorities for receiving and selling narcotic drugs (U. S. Code, tit. 21, §§ 173, 174). The latter section provides that a person convicted thereof shall be subject to imprisonment of 5 to 20 years and a fine of $20,000. The New York statute (Penal Law, § 1751) provides that selling narcotic drugs or possessing them with intent to sell, is a felony...

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