As so modified, judgment affirmed. Under the Penal Law, as it read at the time in question, a sentence to a State penal institution could not run concurrently with a previously imposed sentence to a Federal penitentiary (see Penal Law, former § 70.25; § 70.30, subd 1; People v Schatz, 45 A.D.2d 853; People v Thomas, 49 A.D.2d 638). Thus, defendant's sentence must be modified.