Opinion
November 29, 1949.
Appeal from Supreme Court, Albany County.
Present — Foster, P.J., Heffernan, Deyo, Santry and Bergan, JJ.
Petitioner is serving a sentence of forty-five years to life for the crime of murder in the second degree. He was convicted in 1928 and the papers submitted do not indicate that any appeal from the judgment of conviction was taken prior to 1947, at least. Petitioner alleges that he wants his reserve compensation available so that he may appeal, but it does not clearly appear what he proposed to appeal from. The court below held that the respondent's duty with respect to the earnings of prisoners is solely an administrative function, with the exercise of which the courts will not interfere unless there has been a violation of some statute or a palpable abuse of discretion. Order unanimously affirmed.