Opinion
April 28, 1943.
Appeal from Clerk of Clinton County.
While appellant was serving a term of ten years in the Wallkill Prison in Ulster County he was a party to an escape. The facts and circumstances of the escape were thereupon made the subject of an official inquiry by the proper officers under sections 237 Correct. and 238 Correct. of the Correction Law, and the Commissioner of Correction, under the authority of these statutes, deprived appellant of one year of the reduction of his definite sentence which he had earned by previous good conduct. In addition thereto, appellant was indicted, convicted and sentenced in the County Court of Ulster County of the crime of unlawfully escaping from prison and sentenced to an indefinite term in a State prison of one to two years. It is appellant's contention that this constituted double jeopardy. Order affirmed, without costs. All concur.