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• Title: People State New York Ex Rel. Jimmie Roberts v. James A. Thomas
• Author : Supreme Court of New York
• Release Date : January 16, 1968
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 71 KB

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[30 A.D.2d 802 Page 802] In the circumstances of this case, consecutive sentences were impermissible. People ex rel. Maurer v. Jackson, (2 N.Y.2d
259, 264) is in point. The Court of Appeals in that case stated: "It is also not open to dispute that if there were merely
a single inseparable act violative of more than one statute, or if there were an act which itself violated one statute and
was a material element of the violation of another, there would have to be single punishment ". In the instant case there
was an act which violated one statute and was a material element of the violation of another, hence consecutive sentences
were improper. (See, also, People v. Hutchinson, 276 App. Div. 1040.) In view of the concession in the brief of respondent
that the facts set forth in the opinion of the court below are accurate and relied on, there is no necessity for any further
record. Since relator has completed service of the first one-year sentence, he is now being [30 A.D.2d 802 Page 803]

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