People v. Pannone , 184 N.Y.S.2d 677 ( 1959 )

Judgment modified in the exercise of discretion, to make the third consecutive sentence run concurrently instead of consecutively with the second consecutive sentence imposed; and, as so modified, the judgment is affirmed. The sentence imposed, on the record and on the probation report, was excessive. Concur — Botein, P. J., Breitel, Rabin and Stevens, JJ.; McNally, J., dissents and votes to affirm.