United States Ex Rel. Savino v. Flood

MEMORANDUM AND ORDER

PLATT, District Judge.

Petitioner, John Savino, has filed in this Court a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Following a jury trial in Nassau County Court, petitioner was convicted on November 6, 1974 of four counts of promoting gambling in the second degree, in violation of New York Penal Law § 225.05 (McKinney’s 1967). Through an elaborate combination of consecutive and concurrent sentences, the trial judge ultimately sentenced petitioner to three consecutive one-year terms of imprisonment, on the theory that each count represented a…