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PEOPLE EX REL. CANNATA v. JACKSON

6 A.D.2d 919 (1958)

The People of the State of New York ex rel. James Cannata, Appellant, v. J. Vernel Jackson, as Warden of Clinton Prison, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 3, 1958

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.)

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