Opinion
March 12, 1952.
Appeal from Supreme Court.
Present — Foster, P.J., Heffernan, Brewster, Bergan and Coon, JJ.
On May 24, 1946, relator was convicted in the Court of General Sessions of the County of New York of the crime of grand larceny first degree and of the crime of receiving and withholding property knowing it to have been stolen — a felony. On June 17, 1946, relator was sentenced as a second offender to a term of not less than five or more than ten years on each offense, the sentences to run concurrently. The judgment of conviction in each case was affirmed by the Appellate Division of the First Department ( People v. Vitolo, 271 App. Div. 959) and by the Court of Appeals ( People v. Vitolo, 297 N.Y. 575). Even if we assume that relator could not have been convicted of the crime of grand larceny in the first degree and of the crime of criminally concealing and withholding the same property, that question cannot be relitigated. It has already been adjudicated in the Appellate Division and the Court of Appeals. On the trial relator failed to raise the question that there was any inconsistency in the verdicts. Order unanimously affirmed, without costs.