270 A.D. 1069 | N.Y. App. Div. | 1946
Order affirmed, without costs of this appeal to either party. Memorandum: On January 5, 1931, the relator was convicted of the crime of robbery in the third degree. On January 23, 1931, relator was sentenced as a second offender to a term of ten years in State’s prison, and it appearing that relator was armed with a pistol while in the act of committing the crime whereof he was convicted, it was adjudged that the term of imprisonment be 'increased by imprisonment in a State prison for the term of five years. On October 8, 1936, the relator escaped from prison. He was apprehended. On February 2, 1937, on a plea of guilty to an indictment charging him with the crime of escape, the relator was sentenced to be confined in State prison at Dannemora, N. Y., for the term of not less than two years and six months nor more than five years, said sentence not to run concurrently with the sentence imposed on January 23, 1931, above mentioned. While on parole, and on August 30, 1941, the relator committed the crime of robbery in the second degree. On November 25, 1941, the relator pleaded guilty to the crime of robbery, second degree, and was sentenced as a third offender to State’s prison for the term of not less than twenty years nor more than forty years, and it appearing that relator was armed with a pistol while in the act of committing said crime not less than five nor
