New York Court of Appeals, 1940

People Ex Rel. Markov v. Brophy

People Ex Rel. Markov v. Brophy
New York Court of Appeals · Decided December 4, 1940 · <italic>Per Curiam.</italic>
31 N.E.2d 43; 284 N.Y. 323; 1940 N.Y. LEXIS 832 (North Eastern Reporter, Second Series)

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.