McGinnis v. Kross

In our opinion respondent Gallo, having voluntarily interrupted his penitentiary sentence by obtaining his release on bail (cf. People ex rel. Rainone v. Murphy, 1 N Y 2d 367, 373), was properly committed to the State prison following his conviction for felonies committed while free on bail (cf. People ex rel. Bove v. McDonnell, 128 N. Y. S. 2d 643, 647-648, appeal dismissed 284 App. Div. 937). The service of that sentence should not have been interrupted thereafter (cf. People ex rel. Rainone v. Murphy, supra). The sentence imposed upon respondent Gallo on his misdemeanor conviction in Kings…