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‘CONFIDRQTIAL = _ Bscertain he date ‘thiat i “Bubject a sti Py: BF year sentences in view.of the Ingenito Deciston. ~The Warden - indicated that subject shoujd only have been charged with» l year, 10 months, and 19 days delinquent time on -his return” to prison on January 13, 1931. The ba#is of this inquiry ~ .__ is not shown, but Mr. CAIN stated that the Ingenito Decision provided that parolees were to be credited with sentence time served while serving parole time, where the original’ sentence was prior to July 1, 1928, and many records were being reviewed at that time to adjust inmates' time owed, a The record” ‘reflects that THOMAS F. DOUGHERTY and. > * MARCUS L. FILLEY of the law firm Dougherty and,Madden, 201° ... , Cannon Building, Troy, New York, contacted subject in May and July, 1944, and prepared an Application for Writ of Habeas . Corpus, July 8, 1944, under which the then County Judge of Clinton County, Plattsburgh, New York, F. CLAUDE O'CONNELL, ordered that the Warden of Clinton Prison produce CARMINE GALANTE in that court on July 17, aghh, in that: On December 12, 1925, GALANTE pleaded guilty » assault, second degree, and on December 22, 1926, was ‘sentenced to an indeterminate sentence in State © Prison, minimun 23 years and maximum 5 years;:. oe credited with 26. days Jail,, time ; neta ae ft . On January 18, 1930, GALANTE was admitted to parole, : at which time he owed 1 year, 10 months and 9 days. On December 24, 1930, he was arrested, charged with - robbery, On January 7, 1931, he pleaded guilty and received a definite sentence of 12% years in state prison; received credit for 13. days. Jail. time. on his eeturn to ‘state pr son. Re w anformed ; Parole Board that before starting his year. sen- tence he must~serve what he owed on’ the inaximum of his “gommitment of December ‘22, 1926, ‘from the date of his " yelease on parole, Janu: 18 1930. He was again aamitted to parole May L 1935. On January 12, 1943, he was returned as a parole violator. - 16 - wn