People v. Gallo

Appellate Division of the Supreme Court of New York

People v. Gallo

19 A.D.2d 620, 241 N.Y.S.2d 383, 1963 N.Y. App. Div. LEXIS 3451

Appellate Division of the Supreme Court of the State of New York·Decided June 27, 1963·Published·Cited by 2 cases

Opinion

Judgment of conviction of defendant of the crime of conspiracy to commit the crime of extortion in violation of section 580-a of the Penal Law and of an attempt to commit the crime of extortion, unanimotisly affirmed. The imposition of separate sentences thereon to run consecutively was proper and did. not constitute double punishment within the prohibition of section 1938 of the Penal Law. (iSee Penal Law, §§ 2, 580-a, 850, 851; People ex rel. Maurer v. Jackson, 2 N Y 2d 259; People v. Erickson, 302 N. Y. 461; United States v. Bayer, 331 U. S. 532, 542; Brown v. United States, 167 F. 2d 772.) -Concur — Breitel, J. P., McNally, Eager, Steuer and Bastow, JJ.

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Judgment of conviction of defendant of the crime of conspiracy to commit the crime of extortion in violation of section 580-a of the Penal Law and of an attempt to commit the crime of extortion, unanimotisly affirmed. The imposition of separate sentences thereon to run consecutively was proper and did. not constitute double punishment within the prohibition of section 1938 of the Penal Law. (iSee Penal Law, §§ 2, 580-a, 850, 851; People ex rel. Maurer v. Jackson, 2 N Y 2d 259; People v. Erickson, 302 N. Y. 461; United States v. Bayer, 331 U. S. 532, 542; Brown v. United States, 167 F. 2d 772.) -Concur — Breitel, J. P., McNally, Eager, Steuer and Bastow, JJ.

People v. Gallo, 19 A.D.2d 620, 241 N.Y.S.2d 383, 1963 N.Y. App. Div. LEXIS 3451 (N.Y. Ct. App. 1963).

Pincite

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Opinion

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