From Casetext: Smarter Legal Research

People v. Gordon

Appellate Division of the Supreme Court of New York, First Department
Apr 4, 1967
27 A.D.2d 908 (N.Y. App. Div. 1967)

Opinion

April 4, 1967


Judgment convicting defendant upon his plea of guilty of petit larceny and criminally concealing and withholding stolen goods, the subject of the larceny, and sentencing him to one year imprisonment on each count, to run consecutively, unanimously modified, on the law, to reverse the conviction of criminally concealing and withholding stolen goods and to strike defendant's plea thereto, and as so modified, affirmed. The two crimes to which defendant pleaded arose out of his single act of larceny of the particular goods. Hence, it was improper to impose punishment for more than one of the crimes (Penal Law, § 1938; People ex rel. Maurer v. Jackson, 2 N.Y.2d 259, 264; People v. Daghita, 301 N.Y. 223; People v. Brien, 53 Hun 496; People v. Volpe, 46 Misc.2d 958). Moreover, on receiving the plea, the court had knowledge that the goods which defendant stole were the same as to which he was pleading guilty of concealing and withholding, and hence, despite People v. Foster ( 19 N.Y.2d 150), and People v. Griffin ( 7 N.Y.2d 511, 516), this plea was improper under the above authorities. The plea, therefore, should not have been received (see People v. Serrano, 15 N.Y.2d 304).

Concur — Botein, P.J., Steuer, Capozzoli, Tilzer and Witmer, JJ.


Summaries of

People v. Gordon

Appellate Division of the Supreme Court of New York, First Department
Apr 4, 1967
27 A.D.2d 908 (N.Y. App. Div. 1967)
Case details for

People v. Gordon

Case Details

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

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

Date published: Apr 4, 1967

Citations

27 A.D.2d 908 (N.Y. App. Div. 1967)

Citing Cases

People v. Colbert

The crimes arose out of a single act of larceny. ( People v. Gordon, 27 A.D.2d 908.) Since concurrent terms…