Opinion
January 18, 1950.
Appeal from Clinton County Court.
Present — Foster, P.J., Heffernan, Brewster, Bergan and Coon, JJ.
On April 18, 1929, appellant was found guilty of the crimes of robbery, first degree, grand larceny, first degree, and assault, second degree. He was sentenced as a second offender to a term of thirty-five years, with an additional term of five years for being armed with a dangerous weapon. By direction of the Appellate Division, Fourth Department, he was resentenced on April 19, 1938, for the same period, the sentence to commence as of April 18, 1929. ( People ex rel. Scarola v. Brophy, 254 App. Div. 640.) On January 7, 1949, the prison commutation board of Clinton Prison determined that appellant had forfeited one year, eight months and fifteen days as punishment for infractions against prison discipline. On February 1st of the same year the same board again determined that in addition to this lost time, appellant forfeited three months and twelve days because of compensation not earned, thus making a total lost time of one year, eleven months and twenty-seven days. Unless this lost time is restored appellant will not be eligible for release until March 7, 1951. Appellant has sought to challenge by habeas corpus the administrative determination of the prison commutation board. Such a determination is a judicial function and is not reviewable by habeas corpus, if done according to law. (Correction Law, § 236.) Appellant has pointed out no violation of the law which would empower the courts to substitute their judgment for that of the prison board. Order unanimously affirmed.