Majority
p. 919The People of the State of New York ex rel. James Cannata, Appellant, against J. Vernel Jackson, as Warden of Clinton Prison, Respondent.
Appeal from an order of the Supreme Court at Special Term, Clinton
County, which dismissed a writ of habeas corpus. Upon conviction of burglary, third degree, and grand larceny, first degree, relator was sentenced to terms of imprisonment to run consecutively. He contends that he was thus subjected to double punishment, in violation of section 1938 of the Penal Law. The consecutive sentences were properly imposed. (Penal Law, §§ 406; 2190, subd. 4; People ex rel. Alione v. Morhous, 186 Misc. 912 , affd. 271 App. Div. 860 .) Order affirmed. Bergan, J. P., Gibson, Herlihy and Reynolds, JJ., concur.
Cases cited
- People ex rel. Alione v. Morhous 186 Misc. 912 p. 919