239 F. Supp. 413 | S.D.N.Y. | 1965
Petitioner’s claim of “duplicity” or double jeopardy, arising from the circumstance that he was convicted of both robbery and burglary and given consecutive sentences of fifteen to thirty years, was previously considered on the merits by this Court and rejected.
The writ is denied.
. Petitioner errs in Ms statement that the Court’s previous decision rested on exhaustion grounds, and not on the merits. United States ex rel. Bryant v. Fay, 211 F.Supp. 812 (S.D.N.Y.1962), aff’d, 2d Cir., cert, denied, 375 U.S. 852, 84 S.Ct. 111, 11 L.Ed.2d 79 (1963).
. Knewel v. Egan, 268 U.S. 442, 45 S.Ct. 522, 69 L.Ed. 1036 (1925); United States ex rel. Tangredi v. Wallack, D.C., 236 F. Supp. 205 (1964).
. The indictment, charging assault in the first and second degrees, burglary in the first degree, robbery in the first and second degrees, grand larceny in the first and second degrees, and conspiracy, was permissible under New York law. N.Y. Code Crim.Proc. § 279. Cf. Albrecht v. United States, 273 U.S. 1, 11-12, 47 S.Ct. 250, 254, 71 L.Ed. 505 (1927), upholding the power of Congress to punish separately “each step leading to the consummation of a transaction which it has power to prohibit and (to punish) also the completed transaction.”
. United States v. Wight, 176 F.2d 376, 379 (2d Cir. 1949), cert. denied, 338 U.S. 950, 70 S.Ct. 478, 94 L.Ed. 586 (1950). See also, United States ex rel. Cooper v. Reincke, 333 F.2d 608, 613-614 (2d Cir. 1964); United States v. Garguilo, 324 F. 2d 795 (2d Cir. 1963); Brubaker v. Dickson, 310 F.2d 30, 39 (9th Cir. 1962), cert. denied, 372 U.S. 978, 83 S.Ct. 1110, 10 L.Ed.2d 143 (1963).