Opinion
November 5, 1951.
Appeal from County Court of Nassau County.
Present — Nolan, P.J., Carswell, Adel, Wenzel and MacCrate, JJ.
He was sentenced to imprisonment for a term of not less than five years nor more than ten years for the burglary and a similar term for the larceny, the sentences to run concurrently, and to a term of not less than five years nor more than ten years for criminally receiving stolen property, said term to commence upon the completion of the concurrent sentences. Judgment unanimously affirmed. The record does not establish any violation of section 385 of the Code of Criminal Procedure. (Cf. People v. Elliott, 66 App. Div. 179, affd. 172 N.Y. 146.) We are of the opinion that defendant's guilt was proved beyond a reasonable doubt and that the claims of error advanced by him are without merit.