People Ex Rel. Markov v. Brophy

New York Court of Appeals
People Ex Rel. Markov v. Brophy, 31 N.E.2d 43 (N.Y. 1940)
284 N.Y. 323; 1940 N.Y. LEXIS 832
<italic>Per Curiam.</italic>

People Ex Rel. Markov v. Brophy

Opinion of the Court

Per Curiam.

The sentence of from fifteen years minimum to twenty years maximum plus an additional punishment of from five to ten years for being armed is properly recorded as the equivalent of a sentence with a twenty-year minimum *325 and a thirty-year maximum. Good time is earned based on the twenty-year minimum and the prisoner is considered as eligible for parole by the Parole Board after he has served twenty years less good time ” reduction. (People ex rel. Temple v. Brophy, 248 App. Div. 442; affd., 273 N. Y. 487; People v. Procito, 261 N. Y. 376; Matter of Siraguso v. Moore, 273 N. Y. 59.)

The order appealed from should be affirmed.

Lehman, Ch. J., Loughran, Finch, Rippey, Sears, Lewis and Conway, JJ., concur.

Order affirmed.

Reference

Full Case Name
The People of the State of New York Ex Rel. Stephen I. Markov, Appellant, Against Joseph H. Brophy, as Warden of Auburn State Prison, Respondent
Cited By
2 cases
Status
Published