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PAYUM NeW, AL 92-280 a oa - ot An “appeal to the” Buprers Court of the State of 22 New York was filed bv Attorney THOMAS F. DOUCHEATY Deo 23°" 194, on the basis that GALANTE's prison time wes not a4 computed, in that the time of his release on pavole + jd —snedited-¢0—udm. as—provided in Chapter 736, Seevies 22, - 16 of ‘the Laws of 1926, amending the. then Prison Rawe. Thot under 17 Section 219, of the Sorrestion, Law, Chapter: 485, Las of 1928; the - ‘Legislature “specifisally. p 74 ert citure. “of parol.” -time should not apply except. to convictions of. psrsons.'se sbeneed ‘on or after July 1, 1928;.and confined to a state zriscz 21™ GALANTE wea convicted December 2h, 1926, and, winder the 22 in People cas rel. Ingenito v. Brophy, 47 23 293, N.Y., relief wea reguosted. The Appes 4 the case ci. which Judge OICONNELL: s decision 25 by the Third Judicial Depertment of the Appelie 3 aL ween eer N > 7: 26. 7. (Dayes v. Morhous, 267 A.D. 851), vas overruled ihe “3 aa - ‘Appesis in tts recent decision ir. tne Ingenito Ch88. 23 Ca December 21, 1944, at a Spesiel Germ of th: 30 Court of the St tate of New for, hela in Glinten Sous Platssburrn, New York, before Juscice AY BOOTHE, Asgietent Attorney Coneral, was esx unde: the Ingerito Desist subjest had compie his prison time, -Mr. BO replis 42 that under . Subjoct had. Justice RYAN states tt appeared to the entire maximum sentence Per “iri : i been served, and ordered his > oY s nee eens It is te be nected that in tie file at Clinton Priscn by ROBERT C, BOOTH, autorney <2 Plar Attormey General of New Yo: could se6 =o besis for appealing ‘he sase as pris cr. oF were then reviewing ali ceses under the Ingenite Tectsics recompute time owed by inmates, fede aed UNF OVUM INWMaEWror ft is to be nected that the above data releting te ; 8 subject's release was obtained fi on his Clinton Prison H 49 and from the records of the lew “k State Supy y 39 County Clerk's Office, Plettesbure™, " it. 1958.. : Sub ject's. file at Clinton Prisen cout dat. arpgard. ng him