Appellate Division of the Supreme Court of New York, 1953

Mello v. Board of Parole

Mello v. Board of Parole
Appellate Division of the Supreme Court of New York · Decided November 24, 1953
282 A.D. 940; 126 N.Y.S.2d 192; 1953 N.Y. App. Div. LEXIS 5512
Mello v. Board of Parole

Opinion of the Court

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 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.

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