PEOPLE EX REL. LEIBOWITZ v. LA VALLEE


17 A.D.2d 887 (1962)

The People of the State of New York ex rel. Irving Leibowitz, Appellant, v. J. Edwin La Vallee, as Warden of Clinton Prison, Respondent

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

October 31, 1962


Relator contends that the period from September 9, 1953 to March 28, 1958 should have been credited against his State prison sentence on the theory that on September 9, 1953 the Parole Board regained custody of him, after previously declaring him delinquent while on parole, and that thereafter the State of New York "permitted" relator to be returned to the State of New Jersey, upon his waiver of extradition, and, after trial and conviction, to be imprisoned there until March...

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