SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT
July 7, 1969
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
GERY A. NELSON, APPELLANT
Appeal by defendant from a judgment of the County Court, Suffolk County, rendered December 31, 1968, convicting him of criminal trespass in the first degree and petit larceny, upon his guilty plea, and sentencing him to one year for each said crime, the sentences to run consecutively.
Beldock, P. J., Christ, Hopkins, Munder and Kleinfeld, JJ., concur.
No questions of fact were considered. The larceny occurred during the trespass. The two crimes were part of a single transaction (cf. People v. Florio, 301 N. Y. 46; People v. Savarese, 1 Misc. 2d 305; People ex rel. Maurer v. Jackson, 2 N.Y.2d 259). The maximum total of the two definite consecutive sentences may not, therefore, exceed one year (Penal Law, § 70.25, subd. 3).
Judgment reversed, on the law, and case remanded to the County Court for resentencing in accordance herewith.
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