¶1Judgment 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.
19 A.D.2d 620
People v. Gallo
Appellate Division of the Supreme Court of the State of New York
Decided June 27, 1963
Appellate Division of the Supreme Court of the State of New York · decided 1963-06-27
Cited by 2 later decisions — most recently January 1972
Relies on United States v. Bayer · Brown v. United States · People v. Erickson
Good law ✅— No negative treatment on recordhow we know
Decided 1963-06-27
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