In People ex rel. Kohler v. Kidney (183 App. Div. 921; affd., 223 N.Y. 666) it was held that under Prison Law, section 217, as it then read, a delinquent paroled prisoner could not be retaken unless his delinquency had been declared by the Board of Parole before the term of his original sentence had expired.
Summary of this case from People ex Rel. Atkins v. JenningsMarch, 1918.
Order affirmed. All concurred, except Merrell and De Angelis, JJ., who dissented.
In People ex rel. Kohler v. Kidney (183 App. Div. 921; affd., 223 N.Y. 666) it was held that under Prison Law, section 217, as it then read, a delinquent paroled prisoner could not be retaken unless his delinquency had been declared by the Board of Parole before the term of his original sentence had expired.
Summary of this case from People ex Rel. Atkins v. JenningsFull title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. LOUIS KOHLER, Respondent, v…
Court:Appellate Division of the Supreme Court of New York, Fourth Department
Date published: Mar 1, 1918
( Anderson v. Corall, 263 U.S. 193.) In People ex rel. Kohler v. Kidney ( 183 App. Div. 921; affd., 223 N.Y.…
People ex Rel. Atkins v. JenningsNo authority has been called to my attention which authorized the Board of Parole to impose conditions to the…