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People v. Mancuso

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 8, 1966
27 A.D.2d 643 (N.Y. App. Div. 1966)

Opinion

December 8, 1966

Present — Williams, P.J., Bastow, Goldman, Henry and Del Vecchio, JJ.


Motion for reargument of appeal denied. Memorandum: Defendants' motion for leave to reargue their appeal is denied. In making our original determination we did not accept the District Attorney's concession that the trial court erred in the imposition of consecutive sentences. The sentences did not violate section 1938 of the Penal Law. Although the punishment for conspiracy should not be more than the punishment for the crime which is the object of the conspiracy, and it was not in this case, consecutive sentences for conspiracy and for the substantive crime to which the conspiracy was pointed were proper ( United States v. Nash, 51 F.2d 253, affd. 54 F.2d 1006, 1008, cert. den. 285 U.S. 556). The imposition of consecutive sentences was not an abuse of the sentencing court's power.


Summaries of

People v. Mancuso

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 8, 1966
27 A.D.2d 643 (N.Y. App. Div. 1966)
Case details for

People v. Mancuso

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALFRED RICHARD…

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

Date published: Dec 8, 1966

Citations

27 A.D.2d 643 (N.Y. App. Div. 1966)

Citing Cases

People v. Taylor

Motion for reargument of appeal denied. See memorandum in People v. Mancuso ( 27 A.D.2d 643) decided…

People v. Morganti

Motion for reargument of appeal denied. See memorandum in People v. Mancuso ( 27 A.D.2d 643) decided…