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PEOPLE v. HEATH

51 A.D.2d 750 (1976)

The People of the State of New York, Respondent, v. George Heath, Appellant

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

February 9, 1976

Judgment modified as to the sentence, as a matter of discretion in the interest of justice, by reducing the sentence to an indeterminate term of up to eight and one-half years, to run concurrently with the Federally imposed sentence. As so modified, judgment affirmed.

Under the Penal Law, as it read at the time in question, a sentence to a State penal institution could not run concurrently with a previously imposed sentence...

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