MATTER OF PERILLO v. New York State Bd. of Parole
MATTER OF PERILLO v. New York State Bd. of Parole
4 N.Y.2d 1013; 152 N.E.2d 540; 177 N.Y.S.2d 523; 1958 N.Y. LEXIS 936
MATTER OF PERILLO v. New York State Bd. of Parole
Opinion
Even had the Federal crime of which petitioner
was convicted while on parole been a misdemeanor under New York law — a matter we do not pass upon since it was raised for the first time in this court — the petitioner would not be entitled to credit on his State sentence for the time served in the Federal penitentiary. The present case differs materially from People ex rel. Rainone v. Murphy (1 N Y 2d 367).
The order appealed from should be affirmed.
Chief Judge Conway and Judges Desmond, Dye, Fuld, Frqessel, Van Vookhis and Burke concur.
Order affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.