(DOWNLOAD) "People State New York Ex Rel. William Monastra v. Daniel E. Damon" by Supreme Court of New York ~ Book PDF Kindle ePub Free
eBook details
- Title: People State New York Ex Rel. William Monastra v. Daniel E. Damon
- Author : Supreme Court of New York
- Release Date : January 22, 1970
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
[33 A.D.2d 944 Page 945] Relator was committed to Elmira Reformatory for a July, 1966 conviction of attempted burglary in the third degree. On February
21, 1967 he was released for extradition to Ohio on the express condition that he be returned to New York after termination
of the Ohio prosecution. Concededly, he was not afforded the hearing prescribed by section 838 of the Code of Criminal Procedure.
After conviction in Ohio, he was sentenced to imprisonment for an indeterminate period, and was returned to Elmira Reformatory
on September 12, 1967 to complete his sentence. He was paroled on May 22, 1968 and immediately extradited to Ohio to commence
serving his sentence there. He will be eligible for discharge from the Ohio parole on May 29, 1970. His New York parole term
will expire on November 11, 1970. It is relator's contention that the failure to provide a pre-extradition hearing vitiates
his remaining New York State parole term and amounts, in effect, to a pardon. With this contention we do not agree. The only
person authorized to grant a pardon is the Governor. (N. Y. Const., art. IV, 4.) We do not have the authority to do so by
judicial determination. (People v. Broncado, 188 N. Y. 150, 155.) Relator was properly sentenced to Elmira. His temporary
release to Ohio was conditioned upon his return to New York. The failure to afford relator a hearing could in no way affect
the properly imposed New York sentence. At most, it resulted in an earlier Ohio trial. This inured to his benefit, not to
his detriment. Our courts have repeatedly held one charged with crime is entitled to a speedy trial. The relator was given
credit on the New York sentence for the period of time he spent in Ohio. Consequently, as far as the New York sentence is
concerned, he has no cause for complaint. (People ex rel. Rainone v. Murphy, 1 N.Y.2d 367.) Disposition Judgment affirmed,
without costs.
 "People State New York Ex Rel. William Monastra v. Daniel E. Damon" by Supreme Court of New York ~ Book PDF Kindle ePub Free){kind=link}