People ex rel. Mello v. Warden of Sing Sing Prison
| Decision Date | 11 July 1956 |
| Citation | 154 N.Y.S.2d 647,1 N.Y.2d 893 |
| Parties | , 136 N.E.2d 718 PEOPLE ex rel. Eugene MELLO, Appellant, v. WARDEN OF SING SING PRISON, Respondent. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Second Department, 1 A.D.2d 977, 150 N.Y.S.2d 915.
Prisoner in Sing Sing Prison brought habeas corpus proceeding against the Warden of Sing Sing Prison.
The Court, James W. Bailey, J., entered an order denying the writ, and the prisoner appealed.
The Appellate Division affirmed the order and held that where prisoner, while on parole from Clinton State Prison, was convicted of a misdemeanor and was sentenced to the New York City Penitentiary, and on his release from the New York City Penitentiary he was taken to Sing Sing Prison to finish the term he had been serving in the Clinton State Prison when released on parole, he was not entitled to be discharged from Sing Sing Prison on ground that sentence he had been serving in the Clinton State Prison and sentence he served in the New York State Penitentiary ran concurrently, and on ground that he was entitled to credit on prison sentence for time served in the penitentiary.
The prisoner appealed to the Court of Appeals.
Appeal dismissed upon the ground that no constitutional question is directly involved, Civil Practice Act, § 588, subd. 1, par. (a).
All concur.
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