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People v. Thomas

Appellate Division of the Supreme Court of New York, Second Department
Jul 23, 1975
49 A.D.2d 638 (N.Y. App. Div. 1975)

Opinion

July 23, 1975


Appeal by defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County, imposed August 1, 1973, upon his conviction of robbery in the second degree, upon a plea of guilty, the sentence being a period of imprisonment of up to five years, to be served concurrently with a previously imposed term of imprisonment in a Federal penitentiary. Sentence reversed, on the law, and case remanded to Criminal Term for resentence. A sentence to a State penal institution cannot run concurrently with a previously imposed sentence to a Federal penitentiary (People v Schatz, 45 A.D.2d 853). Gulotta, P.J., Hopkins, Cohalan, Brennan and Munder, JJ., concur.


Summaries of

People v. Thomas

Appellate Division of the Supreme Court of New York, Second Department
Jul 23, 1975
49 A.D.2d 638 (N.Y. App. Div. 1975)
Case details for

People v. Thomas

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GORDON P. THOMAS…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 23, 1975

Citations

49 A.D.2d 638 (N.Y. App. Div. 1975)

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