PEOPLE EX REL. BELL v. MURPHY


18 A.D.2d 17 (1963)

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

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

February 21, 1963.


Attorney(s) appearing for the Case

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

Charlie Bell, respondent in person.

WILLIAMS, P. J., BASTOW, GOLDMAN, HALPERN and HENRY, JJ., concur.


Per Curiam.

This is an appeal from an order sustaining a writ of habeas corpus and ordering relator's immediate release from Auburn State Prison.

The problem involves interpretation of subdivision 4 of section 230 of the Correction Law, added by chapter 826 of the Laws of 1962, effective July 1, 1962. That subdivision provides that every prisoner confined in a State prison for an indeterminate term may receive a reduction of his maximum

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