Opinion
June 29, 1961
Appeal by defendant from a judgment of the County Court of Schenectady County whereby he was convicted, upon pleas of guilty to separate counts of an indictment, of keeping a disorderly house (Penal Law, § 1146) and living on the proceeds of prostitution (Penal Law, § 1148) and was sentenced to imprisonment in the county jail for two consecutive terms of one year each. Appellant's claim that a sentence for so long a period to a county jail where, according to the unsubstantiated statements in his brief, no provision is made for work, vocational training or recreation, constitutes cruel and unusual punishment (N.Y. Const., art. I, § 5) is without merit. As under the Eighth Amendment to the Constitution of the United States, the cruelty inhibited is such as is "inherent in the method of punishment" ( Francis v. Resweber, 329 U.S. 459, 464) and consecutive sentences of even greater aggregate length to imprisonment in local jails or similar places of detention have been approved and are within the statutory plan (cf. People v. Erickson, 302 N.Y. 461). We find no basis for the suggestion that the sentencing court was prejudiced by the District Attorney's remarks as to defendant's criminal history but, in any event, an accurate record thereof was before the court. The additional contentions argued in appellant's brief do not require discussion. Judgment affirmed. Bergan, P.J., Herlihy, Reynolds and Taylor, JJ., concur.