People v. Etcheverry

Memorandum. The order appealed from should be affirmed. Sections 65.00 and 65.15 of the Penal Law where they speak of the imposition of a sentence by a "court of this state”, are to be read literally. This is so especially because of the different penal systems resulting from the separate State and national sovereignties under our Federal system of Government (Bartkus v Illinois, 359 US 121; Abbate v United States, 359 US 187). It follows that the benefits appellant now seeks under those sections are not available in his case since the "other offense” imposed upon him was by a Federal court…