The judgment convicted appellant of attempted burglary in the third degree and possession of burglar's instruments, as a felony, and sentenced him, as a third felony offender, to separate and consecutive terms of imprisonment on each count. Appellant contended that the two crimes for which he was so sentenced, while constituting criminal acts punishable in different ways by different provisions of law, could not be punished under more than one of such provisions (Penal Law...
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