People v. Zipkin

On December 22, 1950, in Monroe County Court, consecutive sentences were imposed upon the defendant for the crimes of forgery in the second degree and grand larceny in the second degree and the defendant now moves to set aside the said sentences upon the contention that the imposition of the separate sentences to run consecutively violated section 1938 of the Penal Law which provides that “ An act or omission which is made criminal and punishable in different ways, by different provisions of law, may be punishable under any one of those provisions, but not under more than one ”.

The defendant…