Citation Codes Equivalent Citations citation codes Attorney(S) Harris B. Steinberg, Harold R. Soden Leo H. Hirsch, Jr., for Louis J. Lefkowitz, Attorney-General ( Raymond B. Madden, Paxton Blair Paul C. Reuss of counsel), for See more information ... Smart Summary Please sign up to generate summary. In the Matter of AUGUSTINE PERILLO, Appellant, against NEW YORK STATE BOARD OF PAROLE, Respondent. Per Curiam. Even had the Federal crime of which petitioner was convicted while on parole been a misdemeanor under New York law — a matter we do not pass upon since it was raised for the first time in this court — the petitioner would not be entitled to credit on his State sentence for the time served in the Federal penitentiary. The present case differs materially from People ex rel. Rainone v. Murphy ( 1 N.Y.2d 367). The order appealed from should be affirmed. Chief Judge CONWAY and Judges DESMOND, DYE, FULD, FROESSEL, VAN VOORHIS and BURKE concur. Order affirmed.