Appellate Division of the Supreme Court of the State of New York, Fourth Department.
Judgment unanimously affirmed.
Memorandum:
Petitioner's contention that he was improperly committed to the Elmira Reception Center upon his subsequent conviction, is without merit. The proscription in subdivision 1 of section 61 of the Correction Law is not applicable since at the time of the second sentence, petitioner was not then "serving a sentence in such...
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