People v. Schatz, s. 34166
| Citation | 45 A.D.2d 853,358 N.Y.S.2d 506 |
| Decision Date | 08 June 1974 |
| Docket Number | Nos. 34166,s. 34166 |
| Parties | The PEOPLE, etc., Respondent, v. Harold SCHATZ, Appellant. Indictment, etc. |
| Court | New York Supreme Court Appellate Division |
Before HOPKINS, Acting P.J., and MARTUSCELLO, LATHAM, SHAPIRO and COHALAN, JJ.
MEMORANDUM BY THE COURT.
Appeal by defendant, as limited by his motion, from a sentence of the County Court, Nassau County, imposed March 20, 1973.
Sentence reversed, on the law, and case remanded to the County Court for resentence in accordance with the views herein set forth.
The sentence in this case is illegal and unauthorized. Under the Penal Law as it now reads, a sentence to a State penal institution cannot run concurrently with a previously imposed sentence to a Federal penitentiary (see Penal Law §§ 70.25, 70.30, subd. 1).
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9 cases
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Peterson v. New York State Dept. of Correctional Services
...enacted to overcome the holdings of cases like People v. Etcheverry, 37 N.Y.2d 853, 378 N.Y.S.2d 40, 340 N.E.2d 473 and People v. Schatz, 45 A.D.2d 853, 358 N.Y.S.2d 506, which precluded running a State sentence concurrently with a Federal sentence (see People v. Troia, 96 A.D.2d 954, 466 N......
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People v. Vitale
... ... Bernard Tomson, and Harold Schatz at the time of that defendant's Change of Plea. During the course of plea taking, Judge Tomson spelled out his reliance upon a Department of ... ...
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People v. Schiraldi
...previously imposed sentence to a federal facility. In this contention, the Department of Correction is correct (People v. Schatz, 45 A.D.2d 853, 358 N.Y.S.2d 506 (2d Dept., 1974)). A federal court is similarly precluded from imposing a sentence which runs concurrently with a state sentence,......
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People ex rel. Giannone v. Crowley
...attempt to have a New York sentence run concurrently with a federal or out of state sentence was forbidden in People v. Schatz, 45 A.D.2d 853, 358 N.Y.S.2d 506; People v. Schiraldi, 80 Misc.2d 103, 362 N.Y.S.2d 378. Penal Law § 70.25 and § 70.30 subd. 1 appear to forbid this. Interesting co......
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