Opinion
286 A.D. 938 142 N.Y.S.2d 569 The PEOPLE of the State of New York ex rel. Joseph MULLINS, alias John Rogers, Relator-Appellant, v. J. Vernel JACKSON, as Warden of Clinton Prison, Dannemora, New York, Respondent. Supreme Court of New York, Third Department July 7, 1955.
Joseph Mullins in pro. per.
Jacob K. Javits, Atty. Gen. (Henry S. Manley, Sol. Gen., Albany, Raymond B. Madden, Manuel T. Murcia, Asst. Attys. Gen., of counsel), for respondent.
Before FOSTER, P. J., and BERGAN, COON, HALPERN and ZELLER, JJ.
PER CURIAM.
Appeal from an order of the Supreme Court, Clinton County, Special Term, which dismissed a writ of habeas corpus.
In March, 1932, appellant was convicted, upon a plea of guilty, of the crime of armed robbery, third degree. He was sentenced as a first felony offender from 10 to 20 years, 10 years of the maximum as increased punishment for being armed. He was paroled November 27, 1939, and declared delinquent March 27, 1947, for absconding and leaving the State of New Jersey without permission. On April 17, 1948 relator was convicted in New Jersey of the crimes of forgery and receiving stolen goods. After serving his New Jersey sentence he was returned to New York on September 23, 1953 for violation of his parole, owing 11 years, 8 months and 16 days delinquent time on the maximum of his first sentence.
Relator alleges many violations of his parole, and his chief contention is that the failure of the Parole Board to take any action with reference thereto constituted a waiver and resulted in a loss of jurisdiction. We regard this contention as without merit.
Order unanimously affirmed, without costs.