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MATTER OF MULLIGAN v. MURPHY

19 A.D.2d 218 (1963)

In the Matter of John Joseph Mulligan, Respondent, v. Robert E. Murphy, as Warden of Auburn Prison, Respondent. The People of the State of New York, Appellant

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

July 1, 1963.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Anthony J. Lokot and Paxton Blair of counsel), for appellant.

John Joseph Mulligan, respondent in person.

BASTOW and McCLUSKY, JJ., concur with WILLIAMS, P. J.; HALPERN, J., dissents and votes to reverse and dismiss the petition in opinion in which GOLDMAN, J., concurs.

WILLIAMS, P. J.

The question is whether section 219 of the Correction Law as added by chapter 473 of the Laws of 1960, effective July 1, 1960, applies beneficially to the petitioner. The chapter mitigates the treatment of parolees who are convicted of felonies committed while on parole. If petitioner is included within the new chapter, he will receive the benefit of having the computation of his delinquent time...

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