| N.Y. App. Div. | Mar 28, 1941
In view of the many prior convictions of the defendant in this ease, we cannot say that sentence to the penitentiary for an indefinite term was excessive or unjust. However, we assume that in fixing the marks to be earned by defendant the Parole Commission will give due consideration to the fact that the present offense involved no moral turpitude. Judgment, so far as appealed from, unanimously affirmed. Present — Martin, P. J., Townley, Dore, Cohn and Callahan, JJ.