People v. Di Lapo

Chief Judge Desmond.

Section 1938 of the Penal Law is as follows: “ § 1938. Punishment when different penalties are provided by different provisions of law. An act or omission which is made criminal and punishable in different ways, by different provisions of law, may be punished under any one of those provisions, but not under more than one; and a conviction or acquittal under one bars a prosecution for the same act or omission under any other provision.” Defendant was in an earlier case indicted with several others for murder first degree as will be explained herein, and in that earlier…