New York Court of Appeals
The People of the State of New York ex rel. Adolph Maurer, against J. Vernel Jackson, as Warden of Clinton Prison…
January 10, 19572 N.Y.2d 259
Summary
The New York Court of Appeals held that imposing concurrent sentences for first‑degree assault and attempted robbery does not violate the double‑punishment prohibition of section 1938 of the Penal Law. The Court reversed the Appellate Division and reinstated the special term's sentencing order. The decision rests on the view that the two offenses arise from separate, distinct acts and that concurrent sentences constitute a single punishment measured by the longest term.