Opinion
June 16, 1955.
Appeal from Supreme Court, Clinton County.
Present — Foster, P.J., Bergan, Coon, Halpern and Imrie, JJ.
On November 5, 1945, the petitioner, who was then sixteen years of age, was sentenced in the Kings County Court to an indeterminate term of five to fifteen years upon his plea of guilty to the crime of robbery in the second degree. He was committed to the Elmira Reception Center for classification and confinement and, subsequently, he was transferred to the Elmira Reformatory. He was paroled from the reformatory on April 28, 1950. On January 22, 1952, the petitioner was convicted of the crime of attempted burglary in the third degree and was sentenced to an indeterminate term of five to seven and one-half years and was committed to Sing Sing Prison. Pursuant to section 219 Correct. of the Correction Law, he was charged with owing ten years and five months delinquent time on the previous sentence. According to the respondent's computation, the petitioner will not be eligible to appear before the Parole Board before December, 1956. The petitioner's principal contention is that section 219 Correct. of the Correction Law was not applicable to him because he was paroled from a reformatory rather than from a State prison. A similar contention was recently rejected by this court in Matter of Kenny v. Loos ( 286 App. Div. 97). Upon the authority of that case, the order appealed from is unanimously affirmed, without costs.