PEO. EX REL. CHEASTY v. WARDEN, N.Y.C. PRIS.


22 Misc.2d 441 (1960)

The People of the State of New York ex rel. John Cye Cheasty on Behalf of Frank Viserto, Relator, v. Warden of New York City Prison, Respondent.

Supreme Court, Special Term, Bronx County.

February 24, 1960.


Attorney(s) appearing for the Case

John Cye Cheasty and John F. Wilkinson for relator.

Louis J. Lefkowitz, Attorney-General (Philip Weinberg of counsel), for respondent.


MORRIS E. SPECTOR, J.

On this writ of habeas corpus the relator claims he is being illegally held in jail because of the failure of the authorities to give him credit for 300 days "good time" which he earned in jail and which was credited to his account. If he is entitled to that allowance, the writ should be granted; if not, it should be dismissed.

We are concerned here with section 230 of the Correction Law, which provides:

"(2) Every...

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