Opinion
July 7, 1955.
Appeal from Supreme Court, Clinton County.
Present — Foster, P.J., Bergan, Coon, Halpern and Zeller, JJ.
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 ten to twenty years, ten 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 eleven years, eight months and sixteen 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.