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MATTER OF MULLIGAN v. MURPHY

14 N.Y.2d 223 (1964)

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.

Court of Appeals of the State of New York.

Decided May 7, 1964.

Attorney(s) appearing for the Case

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

Hayden H. Dadd for John Joseph Mulligan, respondent.

Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE and BERGAN concur.

SCILEPPI, J.

Petitioner was sentenced in the Onondaga County Court on April 18, 1949 to a term of from 2 to 10 years. Thereafter on May 16, 1950 he was released on parole, owing 8 years, 6 months and 14 days on his sentence. On August 30, 1955 petitioner was declared delinquent because of the commission of a felony while on parole. He was returned to prison on November 30, 1955, and compelled to serve 8 years...

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