Summary
In People v. Gallo (19 A.D.2d 620) the court sustained the consecutive sentence of the defendant for the crimes of conspiracy to commit extortion and attempted extortion on the ground that the defendant's action constituted separate and distinct acts.
Summary of this case from People v. FrazierOpinion
June 27, 1963
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, unanimously 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. (See 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.