| N.Y. App. Div. | Nov 24, 1953
Order unanimously affirmed upon the ground that the motion was premature. We, therefore, do not consider at this time whether the statement made in the memorandum decision on the prior appeal (People ex reí. Mello v. McDonnell, 281 A.D. 970" date_filed="1953-04-28" court="N.Y. App. Div." case_name="People ex rel. Mello v. McDonnell">281 App. Div. 970) relating to the sentences running concurrently is applicable to a case like the present one where the convictions and sentences occurred at widely separated times. Present — Peek, P. J., Dore, Cohn, Callahan and Botein, JJ.