Whittaker v. Smith

Judgment and order unanimously reversed and petition dismissed. Memorandum: Petitioner is serving a four-year indeterminate sentence in Attica Correctional Facility upon a plea of guilty to attempted burglary, third degree. Subsequent to the imposition of such sentence and on the same day, October 19, 1973, petitioner was given a one-year definite term sentence on a misdemeanor conviction for criminal trespass, such sentence to run consecutively to the previously imposed felony sentence. The offense for which the misdemeanor sentence was imposed was committed prior to the imposition of the…