Opinion
May 7, 1952.
Appeal from Supreme Court, Washington County.
Present — Foster, P.J., Heffernan, Brewster, Bergan and Coon, JJ.
On May 20, 1938, relator was sentenced to prison for a felony for seven to fourteen years. He was paroled October 17, 1947, and was declared delinquent October 1, 1950, and March 2, 1951, was ordered held for his maximum sentence. While relator was on parole he was convicted in the New York City Magistrate's Court of jostling (Penal Law, § 722, subd. 6) and sentenced to six months in the workhouse. He is not entitled to credit on the main sentence for this time served; nor is he entitled to credit for any of the time that elapsed between the time his parole delinquency was declared and the time he was again in custody under the 1938 sentence on which he had been paroled. Order unanimously affirmed.