← Cases

People ex rel. Lafortuna v. Brophy

250 A.D. 831 Court N.Y. App. Div. Decision date 1937-03-24 English

Contents

Majority

p. 831
The People of the State of New York ex rel. Rocco LaFortuna, Appellant, v. Joseph H. Brophy, Warden of Auburn State Prison, at Auburn, New York, Respondent.

Order affirmed, without costs. Memorandum: The record does not disclose the conditions of release. We find nothing in the record to show that the relator is not properly held in custody under the sentence. As to the discretion exercised by the Board of Parole, we have no jurisdiction to review the same. All concur. (The order dismisses writ of habeas corpus and remands relator to custody.) Present — Sears, P. J., Bdgcomb, Thompson, Crosby and Lewis, JJ.