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PEOPLE v. ETCHEVERRY

37 N.Y.2d 853 (1975)

The People of the State of New York, Respondent, v. Marcel H. Etcheverry, Appellant.

Court of Appeals of the State of New York.

Decided October 17, 1975.

Attorney(s) appearing for the Case

James W. Dowling, Jr., for appellant.

Denis Dillon, District Attorney (Barbara J. Crum Neale of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

MEMORANDUM.

The order appealed from should be affirmed. Sections 65.00 and 65.15 of the Penal Law where they speak of the imposition of a sentence by a "court of this state", are to be read literally. This is so especially because of the different penal systems resulting from the separate State and national sovereignties under our Federal system of Government (Bartkus v Illinois, 359 U.S. 121

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