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. 2 bg Db ae ; 6 - € 8 “BE 92-160 an ares a ae Ro 7 a 1.” An Appeal to the Suprere Court of the State of i eee: New York was filed bv Attorney THOMAS F. DOUGHEATY Decatur 6° ef 23 1944, on the basis that GALANTE's prison time wes not nelcerly reo: computed, in that the time of hig release on parole +8; not * +). oredited to Lim es—provided in Chepter 736, Sst in tithes : _of ‘the Laws of 1926, amending the. then Prison tews. That under 4 -sBection 219, of the borreétion, Law, Chapter 485, laws of 1928, = + the - Legislature” specifisally. “provided. that forfsiture of. parole” c, oe time should not apply excert® to. convictions” of. persons ‘sertenced * ; ‘on or after July 1, 1928;.and confined to'a state zrisen. That GALANTE wea convicted December 2h, 1926, and, -uzder the diedsicr in People cal rel. Ingentto v. Brophy, BE AWD. Sth, erfirase 293, NwaY., relief wea vecuoested. The Appeal furthuev ooulr ued wo the case cr. uhich Judge OICORNELT: = decision wi. mins, and a> by the Third Judicial Depsertment of the Appelians Slvisios (Dayes wv. Morbous, 267 A.D. 651), waa overruisd Sy ihe Seren ak Appesis in its recent decision tr. che Tngeni to CESS. Cn December 21, Lh, 20 a Spectel Germ of thi Dari. Court ov the State ef Jew fora, hela in Clinten Souacy 5 3a Platcsburrn, New York, before Justice ANDFEW W, AXA", Bovir?T oO. -* BOOTHE, Assletent Attorney Conwal, was SKC I” LY Foo ecuvr AP 77 unde: the angerito Seciaton, subjest had soopbetes cepvice cr os nis prison time, -Mr. BOOTE repli¢< that under thas Deow.ion, 39 subject had, Justice RYAN states it appeared to the Gort tha. <5 the entire maximum sentence fer vrich GALAWTF wes coma. oad 1B been served, and ortered nis velease from GLintor Pris , 783 It is te be noted that shere ts a cost of-a levters PoyN in tie file at Clinton Prisen by Ascolaternt Atverier Generc] il ROBERT C, BOOTH, avtorney <2 Plattesourg:. New Torx, to tie v2 Attorney General of New Yor: State, in woieh he svatec crt * <3 could se6 =o basis for appealing she 268% &S priser officials a AA were then ma viewing ali casés under the Ingenite Tecisiton i ae recompute time owed by inmstes,. L 47 ft is to be noted that the gbove date roletine te . subject's release was obtained fi on kis Clinton Prison ile Ad and from ths records of the New York State Suprens Goury. diintes, 39 County Clerk's Office, Plettsbure™, Nev etek, Gh Februsic Lg 2 1958. . | abs k a Sub Ject's file at CLint- on Prison contalas ta “data. wrpgarding him, his relatives,